W.D.N.Y.: USMJ’s findings of fact on consent issue binding on USDJ

The USMJ found the officers’ testimony on defendant’s consent “inherently improbable” and that was binding on the district court on review. The motion to suppress is granted. United States v. Lawson, 961 F. Supp. 2d 496 (W.D. N.Y. 2013).*

Defendant was stopped for having red headlights, and the LPN came back as not matching the car. The stop was justified, as was the search. Thammasack v. State, 323 Ga. App. 715, 747 S.E.2d 877 (2013).*

The stop of defendant’s car was based on overtinting, and a gun was in plain view inside, and that was probable cause for a protective weapons search. United States v. Victor, 2013 U.S. Dist. LEXIS 117053 (S.D. Fla. August 19, 2013),* adopted 2013 U.S. Dist. LEXIS 127035 (S.D. Fla. September 5, 2013).*