Defendant was stopped for passing on a double solid line. The officer called out through the vehicle PA for him to get out of the car, but he first fished around moving things. When the officer got to the window, he asked “what do you have there?” [“Just some weed.”] wasn’t subject to Miranda under Berkemer. People v. Registe, 2018 V.I. LEXIS 48 (May 4, 2018).
Considering video and comparing testimony, the reference to blasting caps allegedly being in defendant’s home was false, but not intentionally or recklessly so. [This was discussed at fair length.] Even so, it wasn’t material to the probable cause finding. United States v. Ray, 2018 U.S. Dist. LEXIS 75391 (W.D. Okla. May 4, 2018).*