CA2: Avoiding a checkpoint was not RS, but the rest of defs’ minor activity was

Defendants were in an SUV that crested a hill and saw a Border Patrol immigration checkpoint on State Route 11 near the Canadian border in Northern New York, and it abruptly turned into an unmanned vegetable stand at 8 am. The two got out and apparently feigned interest in the products and the first border patrol agent there noticed a blanket in the back seat covering something. While the avoidance of the checkpoint isn’t reasonable suspicion, the feigning interest in the vegetable stand and the blanket covering something was reasonable suspicion. A drug dog was called and it arrived in one minute and was done in five and alerted. There was reasonable suspicion. United States v. Compton, 2016 U.S. App. LEXIS 13153 (2d Cir. July 19, 2016).

The state proved defendant consented to a blood draw, and his revocation came after the
State v. Dotson, 2016 Tenn. Crim. App. LEXIS 503 (July 13, 2016).*

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