ND: When suspect lives in house and drug paraphernalia out, it’s not “mere presence” for his detention

When drug paraphernalia is present and in plain view, detaining all present is not a detention for “mere presence.” Moreover, defendant stayed there. State v. Schmidt, 2016 ND 187, 2016 N.D. LEXIS 177 (Sept. 15, 2016).

Defendant’s stop on Ft. Bragg was without reasonable suspicion. Traffic officers knew that people frequently became lost in this area and GPS was misguiding them into the area. The fact defendant realized he was on a blocked road and turned around did not justify his stop. There was no erratic driving at all. United States v. Velazquez, 2016 U.S. Dist. LEXIS 125751 (E.D.N.C. Sept. 14, 2016).

The officers’ collective information passed on to the officer who stopped defendant made the stop with reasonable suspicion or probable cause. Therefore, when defendant denied consent and the officer pulled out the drug dog, it wasn’t unreasonable. United States v. Stokes, 2016 U.S. Dist. LEXIS 123267 (W.D.Ky. July 5, 2016), adopted, 2016 U.S. Dist. LEXIS 122826 (W.D. Ky. Sept. 9, 2016).

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