W.D.N.Y.: Officers’ one minute discussion about def deciding what to do wasn’t being undiligent in pursuing their investigation

The officer here had reasonable suspicion defendant was carrying drugs, and the fact that another officer arrived and they talked about defendant for one minute didn’t show that they weren’t diligently following up in their investigation. United States v. Green, 2018 U.S. Dist. LEXIS 34640 (W.D. N.Y. Feb. 28, 2018).*

“[W]e hold that the breath test was a permissible search incident to arrest and thus, its results were admissible. Additionally, we hold the results were also admissible under the good-faith exception to the exclusionary rule. Accordingly, we affirm Perkins’ conviction.” State v. Perkins, 2018 Kan. App. LEXIS 11 (Mar. 2, 2018).*

This entry was posted in Drug or alcohol testing, Reasonable suspicion. Bookmark the permalink.

Comments are closed.