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W.D.Tenn.: Exact match to BOLO was PC in a robbery-murder case

By John Wesley Hall, Jr.

The stop of defendant’s van was with reasonable suspicion because defendant’s “van [and occupants] matched the BOLO description in every detail” of robbery and murder suspects. The seriousness of the crime under investigation justified handcuffing him and putting him in a police car. In fact, “[t]he uncanny fact that Avery's van exactly matched the detailed description of the vehicle that fled the scenes of the robberies and murder would establish ‘a nexus between the place to be searched and the evidence sought.’ ....” The search was valid as a search incident or with probable cause. United States v. Avery, 2010 U.S. Dist. LEXIS 7190 (W.D. Tenn. January 28, 2010).* Lack of nexus to find evidence at the place to be searched under the search warrant was not fatal to the search warrant and application of the good faith exception...continue to full post

Full post as published by Fourth Amendment on January 31, 2010 (boomark / email).