Daily Archives: February 17, 2017

OH7: The SW included def’s car, and her driving off before police could search it didn’t prevent stopping and searching it away from the house

The search warrant for defendant’s house included her car. When he arrived there, the police attempted to stop her to search the car, but she got away and was stopped about a mile away. Because the warrant provided for the … Continue reading

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D.Neb.: Driving 1,000 miles to Iowa to meet one’s brother without knowing where in the entire state was “unusual travel plans”

The officer reasonably extended the stop by seven minutes by defendant’s consent after he told the defendant the stop was over and defendant agreed to answer more questions. The reasonable suspicion was that he was meeting his brother in Iowa … Continue reading

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CA11: Normal part of the stop for Rodriguez included trying to call somebody to come and take the car

The normal incidents of the stop for Rodriguez purposes included trying to call somebody else to come and take possession of his vehicle. United States v. Vargas, 2017 U.S. App. LEXIS 2745 (11th Cir. Feb. 16, 2017). “In his complaint, … Continue reading

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GA on implied consent

The trial court properly granted the motion to suppress. The evidence showed that defendant was extremely intoxicated and confused during her encounter with the officer, and that supporting the conclusion that she did not voluntarily consent to the blood test, … Continue reading

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OH2: Property can’t be returned when it still has evidentiary value

“There was little evidence regarding the floppy disks, CDs, and Rolodex, but the burden was on Webber to demonstrate that she was entitled to their return. Upon review of the record, the evidence before the trial court supported a conclusion … Continue reading

Posted in Rule 41(g) / Return of property | Comments Off