Miscellany

Stopping in traffic justified defendant’s traffic stop. A gun was seen on the floor board in plain view after the officer chose to get the occupants out, his prerogative. Defendant’s statement “you guys got me with a gun, just charge me and take me to jail” was voluntary. United States v. Stafford, 2016 U.S. Dist. LEXIS 88229 (S.D.Ga. July 7, 2016).*

Defendant put on no evidence of his right to control the rental car he was in that wasn’t rented in his name, so the court finds no standing. United States v. Escobar, 2016 U.S. Dist. LEXIS 88371 (D.Minn. July 7, 2016).*

Defendant filed a 2255 contending that his indictment was obtained in bad faith with illegally seized evidence. Aside from the obvious fact defendant waived all this with his plea, if his plea is set aside, his exposure is double what he pled to. [Pointing this out to him.] United States v. Chavallo, 2016 U.S. Dist. LEXIS 88369 (E.D.Wash. July 7, 2016).*

The stop was valid, and defendant’s consent was valid. The credibility determinations all went for the government. United States v. Garcia-Garmona, 2016 U.S. Dist. LEXIS 88233 (D.Neb. July 6, 2016).*

Defendant walked away from the police before he was stopped, so he abandoned the evidence. United States v. Wilson, 2016 U.S. Dist. LEXIS 87908 (D.N.J. July 6, 2016).*

Defendant was stopped for no seatbelt as he pulled into a driveway in a “high crime” area at 3 am or so. He was walking away from the car when called back. He smelled of alcohol and the passenger’s version of their knowing each other was completely different than his. There was probable cause. United States v. Branch, 2016 U.S. Dist. LEXIS 87972 (E.D.N.C. June 1, 2016),* adopted 2016 U.S. Dist. LEXIS 87970 (E.D.N.C. July 7, 2016).*

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