CT: Keeping def’s knife because he was too drunk to be safe with it was reasonable; later he was discovered to have been in an assault with it

Defendant was first thought to be an assault victim, and the police took him home because he was intoxicated. He was asked about weapons on him, and he admitted to a knife, which he was relieved of, and it was put in the glove box of the patrol car. The officer “told the defendant that he would hold the knife for safekeeping and that the defendant could retrieve it at police headquarters when he was sober,” because they thought he was too drunk to keep it. After defendant was left at home, the police learned that he was a suspect in the assault. The retention of the knife was reasonable under the circumstances. State v. Jones, 2015 Conn. LEXIS 404 (Dec. 22, 2015).

Defendant was stopped for windows so dark the officer could not see in the car. Ordering all the occupants out before testing the window with a light meter was reasonable. Shortly there after, the officer called for a drug dog. The government concedes that extended the stop but shows reasonable suspicion. The officer was in the gang unit and recognized defendant as a gang member known to be armed, and the travel plans to downtown Chattanooga were suspect. United States v. Malone, 2015 U.S. Dist. LEXIS 167639 (E.D.Tenn. Nov. 10, 2015).*

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