LA2: Arrest for failure to pay child support and FTA with knowledge of usual gun supported search incident

Defendant was sought out by officers for a warrant for failure to pay child support and failure to appear. They found him by his 18 wheeler, and they knew he usually carried a gun. That justified a search of the truck under Gant, which the court would not apply under the good faith exception if it couldn’t. State v. Brown, 42 So. 3d 458 (La. App. 2d Cir. 2010).*

Officers encountered defendant parked in a high crime area, and talked to him. They had no reasonable suspicion of any crime. When they asked for his driver’s license, they turned what would have been a consensual encounter into a seizure without reasonable suspicion. State v. Jones, 2010 Ohio 2854, 188 Ohio App. 3d 628, 936 N.E.2d 529 (10th Dist. 2010).*

The officer did not stop the defendant. He approached her parked car because he suspected she might be in distress. He parked behind her such that her path was not blocked, and his blue lights were not on, just amber flashing lights. He was acting in a community caretaking function when he determined that defendant might be DUI. State v. Tindell, 2010 Tenn. Crim. App. LEXIS 528 (June 22, 2010).*