N.D.Ala.: Def’s continued detention in traffic stop without RS required suppression

The officer continued the stop without reasonable cause and testified he decided to search the car only because he was concerned about officer safety and not getting shot. But, the search didn’t occur until well into the stop [and was an ad hoc justification]. If that was his intention, it should logically have been earlier, and even then would lack a basis. Motion to suppress firearm granted. United States v. Wilson, 2018 U.S. Dist. LEXIS 117617 (N.D. Ala. July 16, 2018).

Defendant lived with his grandfather, and grandfather consented to the search. The claim from a witness other than the grandfather than he consented only because he was told he’d lose his apartment is rejected as not credible at all. Grandfather didn’t testify, but an affidavit was presented on him. United States v. Tirado, 2018 U.S. Dist. LEXIS 117901 (S.D. N.Y. July 16, 2018).*

This entry was posted in Consent, Reasonable suspicion. Bookmark the permalink.

Comments are closed.