NC: Inconsistent stories from the passenger and driver alone isn’t RS

The passenger’s and driver’s stories weren’t inconsistent enough to justify reasonable suspicion. There were no other facts justifying suspicion of criminality. The officer asked about weapons, but he said that was common for a 4 am stop. State v. Nicholson, 2017 N.C. App. LEXIS 769 (Sept. 19, 2017).

“Assuming without deciding that the search warrants lacked probable cause, the Court concludes that the evidence is nonetheless admissible under the good-faith exception to the exclusionary rule as articulated in United States v. Leon, ….” United States v. Schulz, 2017 U.S. Dist. LEXIS 153134 (D. Minn. June 26, 2017),* adopted, 2017 U.S. Dist. LEXIS 151923 (D. Minn. Sept. 19, 2017).* [That’s just lazy, yet authorized by many appellate courts; what is or is not probable cause remains unresolved. Don’t the police and public have a need to know? Apparently not.]

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