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Criminal Law

: Fourth Amendment

Probable cause existed for car because defendant could come back into possession of car

By John Wesley Hall, Jr.

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Probable cause existed for defendant's car, and it was continuing up to the time the search occurred. It was reasonable to believe that the defendant would come back into possession of the car. United States v. Scott, 2008 U.S. App. LEXIS 3432 (7th Cir. February 19, 2008).* Defendant's statement and consent to search were voluntary and not coerced. United States v. Richardson, 2008 U.S. App. LEXIS 3402 (3d Cir. February 15, 2008)* (unpublished). Officer had probable cause to arrest defendant once a computer check showed an outstanding warrant on him. Search incident of his car was valid. United States v. Miller, 2008 U.S. App. LEXIS 3451 (2d Cir. February 19, 2008)* (unpublished).

Full post as published by Fourth Amendment on February 20, 2008 (boomark / email).

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