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Second encounter during stop was invalid; defendant should have been allowed to leave

By John Wesley Hall, Jr.

First encounter with driver from the passenger window revealed no criminality, and defendant should have been allowed to go. Instead, the officer re-approached the car for a second contact and ordered him to roll down the window, which he did, and he saw a crack pipe. The second encounter was unjustified, and the search suppressed. Greider v. State, 2008 Fla. App. LEXIS 4818 (2d DCA April 4, 2008).* Officer had cause to search when he smelled marijuana came from the open window, and the defendant's voice began quavering. Bunch v. Commonwealth, 2008 Va. App. LEXIS 169 (April 8, 2008).* Search of defendant's purse was justified by officer's fear of a weapon. State v. Limon, 2008 Wisc. App. LEXIS 277 (April 8, 2008).* Officer had cause to arrest defendant after accident who admitted he was taking drugs but not what or why...continue to full post

Full post as published by Fourth Amendment on April 12, 2008 (boomark / email).