D.Kan.: “Evidence of a hidden compartment can alone give rise to probable cause to search a vehicle for contraband or arrest the driver of the vehicle.”

“Evidence of a hidden compartment can alone give rise to probable cause to search a vehicle for contraband or arrest the driver of the vehicle.” United States v. Ramirez, 2012 U.S. Dist. LEXIS 142697 (D. Kan. October 2, 2012):

Evidence of a hidden compartment can alone give rise to probable cause to search a vehicle for contraband or arrest the driver of the vehicle. See United States v. Stephenson, 452 F.3d 1173, 1177-78 (10th Cir. 2006). Whether evidence of a hidden compartment can alone create probable cause depends on two factors: (1) the likelihood that there really is a hidden compartment and (2) the likelihood that a vehicle with a hidden compartment would, in the circumstances, be secreting contraband. Id. The first factor can be met when the police officer has training and experience with hidden compartments. Id. at 1177. Furthermore, the Tenth Circuit does not require an officer to verify or confirm conclusively the existence of a hidden compartment before searching or arresting.