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N.D.Miss.: Defendant's cooperation and prior arrest experience showed voluntary consent

By John Wesley Hall, Jr.

Defendant’s cooperation during the stop and search of his car showed that it was by consent. The officer told the defendant that his consent could be withdrawn. He also had experience with law enforcement in the past, and it was apparent that the defendant thought that the drugs were so well hidden that they would not be found. United States v. McCoy, 2010 U.S. Dist. LEXIS 48930 (N.D. Miss. April 21, 2010).* One defendant was removed from the car and searched because of furtive movements, and the car was searched too. Having found nothing on him, the officer searched the other, but there was no articulable reasonable suspicion as to him. The government’s argument as to inevitable discovery fails as to the second defendant because there was no reason to believe that the vehicle had to be impounded until the second was searched...continue to full post

Full post as published by Fourth Amendment on May 20, 2010 (boomark / email).