TSA search of shaving kit that revealed cash and made claimant nervous justified further search for safety reasons

Claimant passed through a TSA checkpoint, and the officers decided to search his bags. When cash was found in his shaving kit, he became excessively nervous, and that permitted a greater search for safety reasons. United States v. Eighty Thousand Six Hundred Thirty-Three Dollars ($80,633.00), 512 F. Supp. 2d 1196 (M.D. Ala. 2007).

Terry stop does not have to be based on information that is contemporaneous with the stop. Here, it was information from the previous day, and that was valid. United States v. McIntosh, 2007 U.S. Dist. LEXIS 8670 (W.D. Pa. February 6, 2007).

“The agents initially relied on an informant who identified Nunez as an illegal alien and stated that Nunez would attempt to purchase a firearm from a dealer who did not require an ATF background check. Although the basis of the informant’s information is not on record, nor is there evidence of his reliability beyond Agent Barger’s statement to that effect, the informant’s information was specific and corroborated.” United States v. Nunez-Sanchez, 478 F.3d 663 (5th Cir. 2007).*

Defendant’s wife’s consent to search was valid. After defendant was arrested, he was removed from the premises and then his wife gave consent. “[O]nce defendant was legally off the premises, his case was like Matlock and not like Randolph and his consent was not necessary for a reasonable search of his residence.” United States v. DiModica, 2007 U.S. Dist. LEXIS 8735 (W.D. Wis. February 6, 2007).*

Defendant owned computer servers that were in Amsterdam, and the company with possession of the computers had complete access to them. At the request of the FBI, they mapped the computers and later told the FBI that the computers were being FedExed to Phoenix. When the computers arrived in Phoenix, the FBI got a search warrant to seize the computers. The warrants were valid. United States v. Kilbride, 2007 U.S. Dist. LEXIS 8432 (D. Ariz. February 5, 2007).*

Probable cause existed from the officer’s report that defendant broke a window to toss drugs out of the apartment, among other things, as officers were entering with an arrest warrant. United States v. Pignard, 2007 U.S. Dist. LEXIS 8611 (S.D. N.Y. February 2, 2007)*:

Judge Weiss was presented with information that gave rise to probable cause. Pignard was observed by Piermont police officers dropping a glassine envelope containing cocaine out of a bedroom window (which he smashed in order to get access to the outside) as the FBI were entering his home to arrest him. Defendant was a known drug dealer: Judge Weiss was told that: (1) Pignard had a prior felony narcotics conviction for possessing over an eighth of cocaine; (2) Pignard had previously admitted that he dealt cocaine to pay his bills; and (3) that a prior search of Pignard’s residence had led to the seizure of a scale and packaging materials in his bedroom. (Holihan Search [*11] Warrant Aff. P 8).