Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

IN: Search of car for weapon without justification

By John Wesley Hall, Jr.

The search of defendant’s car for a weapon was not just justified by any articulable facts. Lewis v. State, 2010 Ind. App. LEXIS 1366 (July 27, 2010).* Dog sniff of the air from outside a car did not violate the state constitutional protection of “private affairs.” State v. Hartzell, 2010 Wash. App. LEXIS 1534 (July 19, 2010).* The officer received a report of a potential drunk driver in defendant’s car. The officer was free to approach defendant’s garage to attempt to talk to him, and defendant’s admission that he was driving plus his condition was reasonable suspicion of DUI. The Fourth Amendment was not implicated until a second officer arrived for a field sobriety test. Banda v. State, 2010 Tex. App...continue to full post

Full post as published by Fourth Amendment on July 30, 2010 (boomark / email).