AK: Driver’s running from a traffic stop alone didn’t create RS to frisk or search passengers

The driver of the pickup defendant was riding in was stopped for a seatbelt violation, and the driver fled on foot. The Alaska State Trooper gave chase but couldn’t keep up. He came back to the vehicle where the two passengers were waiting. He ended up searching defendant and found drugs in defendant’s boot. Defendant’s stop was extended unreasonably and his search was unreasonable. Lovett v. State, 2017 Alas. App. LEXIS 103 (June 14, 2017) (memorandum).

Defendant who didn’t own the car he was driving but had been given permission from the owner to drive it and to keep his stuff in it had standing to challenge its search. The LPN on it didn’t come back as matching it, so the officer had reasonable suspicion to stop it. With the false plate, there was probable cause to believe it had been stolen. When defendant got out of the car, there appeared to be a “shaved key” that fell to the ground. There were other indicators that the vehicle had been stolen. United States v. Franco, 2017 U.S. Dist. LEXIS 91455 (D. Nev. March 31, 2017),* adopted, 2017 U.S. Dist. LEXIS 90327 (D. Nev. June 12, 2017).*

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