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MT: Furtive movements led to a probation search of car

By John Wesley Hall, Jr.

The record showed that defendant’s furtive movements in the car were reasonable suspicion and the defendant was on probation, so the officer was able to conduct a probation search on that reasonable suspicion. State v. Charlie, 2010 MT 195, 2010 Mont. LEXIS 313 (September 7, 2010).* The defendant was stopped because “he had committed a plethora of traffic violations, which included his operation of the vehicle without insurance.” His furtive movements in the car made the officer direct him out of the car, and she asked him for consent to search his person, which he voluntarily gave. Meth was found. Delijevic v. State, 2010 Tex. App. LEXIS 7392 (Tex. App. – Amarillo September 7, 2010).* Defendant did not dispute the government’s factual assertions in its response to his motion so a hearing is denied...continue to full post

Full post as published by Fourth Amendment on September 11, 2010 (boomark / email).