An open container in a car is probable cause under the automobile exception to search for other open containers. In addition: “Here, Patrolmen Link and McClamroch had received information that a retaliatory shooting could occur near the location they stopped Defendants. Defendants drove at strange speeds and then sped up as police approached. Against the backdrops of the day-before killing and shooting, Patrolmen Link and McClamroch could believe Defendants were armed and dangerous.” Thus, a sweep of the car for weapons under Long was reasonable. United States v. Farrow, 2020 U.S. Dist. LEXIS 32499 (N.D. Ohio Feb. 26, 2020).
Defense counsel’s affidavit in this 2255 was credited that any motion to suppress would be meritless and would be denied. The court agrees. Polanco-Jimenez v. United States, 2020 U.S. Dist. LEXIS 32593 (W.D. Tex. Feb. 26, 2020).*