W.D.Mo.: RS def was in violation of order of protection justified vehicle stop

Reasonable suspicion defendant was driving a car with a child in it in violation of an order of protection was justification for his stop. When the car was stopped, the smell of marijuana justified its further search. United States v. Wertenberger, 2021 U.S. Dist. LEXIS 164937 (W.D.Mo. Aug. 10, 2021), adopted (W.D.Mo. Aug. 30, 2021).

The affidavit for the search warrant for defendant’s cell phone did not establish probable cause it would contain evidence of child sexual abuse. The motion to suppress should have been granted. State v. Ritter, 314 Or. App. 241, 2021 Ore. App. LEXIS 1169 (Sept. 1, 2021) (per curiam).*

There was an objective basis for reasonable suspicion for defendant’s stop for speeding where the officer also had information defendant might be under the influence. Radar isn’t needed to judge speed for reasonable suspicion purposes. Williams v. State, 2021 Tex. App. LEXIS 7351 (Tex. App. – Austin Sept. 12, 2021).*

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