{"id":1511,"date":"2008-01-03T13:33:26","date_gmt":"2007-11-07T07:58:33","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-08T08:51:05","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1511","title":{"rendered":"Patdown frisk into cigarette pack violated Terry<\/em>"},"content":{"rendered":"

Defendant was detained because he matched the description of somebody involved in an assault. He was apparently intoxicated. A patdown produced a hard cigarette pack which the officers opened, and then saw a folded piece of paper which was opened finding drugs. The search of the folded piece of paper was not justified under Terry<\/em><\/a>. The alternative justification for a public intoxication search incident was rejected as a post hoc rationalization because the determination was made to arrest for the drugs and not intoxication, by the officers’ own testimony. United States v. Lee, 2007 U.S. Dist. LEXIS 82241 (E.D. Va. November 6, 2007).*<\/p>\n

The search warrant clearly described the place to be searched and firearms to be seized in a domestic violence report involving a felon in possession of a firearm. The owner of the truck defendant was driving had the authority to consent to its search; defendant’s possession of the only set of keys did not deprive the owner of ability to consent and the officer could rely on the owner’s apparent authority. United States v. Guzman<\/a>, 507 F.3d 681 (8th Cir. 2007).*<\/p>\n

Plaintiff was indicted for drugs and weapons charges in federal court, but the charges were dismissed before a Franks<\/em> hearing could be held. He sued under \u00a7 1983 claiming that the informant in the case was manufactured, but he could come forth with no evidence of it and summary judgment was granted for the officer because there was probable cause. Ladd v. St. Louis Bd. of Police Comm’rs, 2007 U.S. Dist. LEXIS 81651 (E.D. Mo. November 2, 2007).*<\/p>\n

Defendant was stopped for a traffic offense, and he opened the glove compartment to get his paperwork, and the officer could see that it was full of cash that was “suspiciously wrapped.” That, plus defendant’s implausible story about his travel plans, was reasonable suspicion for a detention that led to a consent search. United States v. Carrion-Soto, 2007 U.S. Dist. LEXIS 82273 (D. N.J. November 7, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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