N.D.Ga.: Making money but no job was RS for a probation search

Reasonable suspicion for a probation search came from a “trusted” person call that defendant was making money but had no job and he was a past meth dealer. That was enough. Then defendant consented, too. United States v. Danner, 2016 U.S. Dist. LEXIS 40163 (N.D.Ga. Feb. 23, 2016), adopted 2016 U.S. Dist. LEXIS 39955 (N.D.Ga. March 28, 2016).

Extending the stop was based on reasonable suspicion under Rodriguez. “Finally, [Off.] Hill possessed a reasonable suspicion sufficient to ask the questions about drug activity based on the combination of (1) the Collazos’ conflicting answers concerning their travel destination, (2) the jar of what appeared to be urine that he observed in the passenger compartment, and (3) Cinthia’s erratic behavior.” “Moreover, although nervousness alone is insufficient for probable cause, see Lyons, 687 F.3d at 770, Cinthia’s nervousness along with her erratic movements and deceptive behavior could reasonably lead an officer to conclude that she was under the influence of a stimulant ….” United States v. Collazo, 2016 U.S. App. LEXIS 5757 (6th Cir. March 8, 2016).

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