W.D.Tex.: RS of a weapon nearby in a car authorizes opening the door

“In this case the officers had either probable cause or reasonable suspicion to open the car doors to substantiate their belief that weapons, drugs and money were in the vehicle. Further, they were authorized to take photographs to inventory the scene, and avoid any later claims that items were stolen by the police or items were ‘planted’ by the police.” United States v. McGarity, 2019 U.S. Dist. LEXIS 22990 (W.D. Tex. Feb. 13, 2019).*

The USMJ’s finding there was reasonable suspicion for defendant’s stop in sustained. The questions defendant raises about the factual findings are explainable and rejected. United States v. Lagrange, 2019 U.S. Dist. LEXIS 23087 (N.D. Iowa Feb. 13, 2019).*

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