Daily Archives: May 9, 2020

CA11: Possible ruse mentioned by officer came after consent already granted

Any ruse to get consent to search defendant’s bags after TSA was done with them came after consent was given and wasn’t considered. United States v. Benjamin, 2020 U.S. App. LEXIS 14755 (11th Cir. May 8, 2020). Defendant was lawfully … Continue reading

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OH6: Deliberate stall of traffic stop for drug dog was unreasonable

There was no reasonable suspicion to continue the stop in this case. The officer called for backup and a dog, and the first officer there told him to stall for the dog. Nothing was done for eight minutes to pursue … Continue reading

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CA3: Byrd who won in SCOTUS on standing loses on remand because there was PC for the search

On remand from Byrd v. United States, 138 S.Ct. 1518 (2018), holding that defendant had standing in his rental car, defendant loses on the merits because there was probable cause for the search of his car because of the admission … Continue reading

Posted in Probable cause, SCOTUS, Standing | Comments Off on CA3: Byrd who won in SCOTUS on standing loses on remand because there was PC for the search