{"id":1540,"date":"2008-01-25T16:22:20","date_gmt":"2007-11-20T07:01:28","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-20T07:01:28","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1540","title":{"rendered":"It must be Thanksgiving week: No cases of any consequence"},"content":{"rendered":"

Defendant was stopped for a traffic offense, and he was told he could go when the paperwork was completed. According to the videotape of the stop, however, he voluntarily consented to a search. United States v. Esquivel<\/a>, 507 F.3d 1154 (8th Cir. 2007).*<\/p>\n

Defendant was stopped for a traffic offense, and he was visibly and excessively nervous. He gave what became inconsistent answers about what was on his person, and that led to reasonable suspicion for calling a dog. United States v. United States Currency Totaling $101,270.00, 2007 U.S. Dist. LEXIS 84882 (S.D. Ga. November 16, 2007).*<\/p>\n

Defendant was arrested for his fourth driving on a suspended DL, which was a custodial arrest situation. After he was safely installed in the back of the police car, his car was subjected to a search incident which produced drugs, and the search incident was valid. United States v. Majette, 2007 U.S. Dist. LEXIS 84923 (W.D. Va. November 16, 2007).*<\/p>\n

Defendant argued that HIPAA was violated in taking his blood at the hospital after a motor vehicle accident, but the argument was slightly changed between circuit court and the appellate court, so the argument was not addressed. There was otherwise probable cause to get his blood. Hoyle v. State<\/a>, 2007 Ark. LEXIS 624 (November 15, 2007).*<\/p>\n

The officer had reason to believe defendant was under the influence of drugs while driving. “Several facts provided Deputy Spotten with probable cause to believe that Defendant had committed this crime: Defendant had been driving in an erratic and dangerous manner; Defendant had slurred speech; and Defendant ended his dangerous driving in an unusual accident–a single-car collision with a trailer parked on the side of the road. Therefore, Deputy Spotten was justified in making a warrantless arrest of Defendant.” State v. Despain<\/a>, 2007 UT App 367, 173 P.3d 213, 591 Utah Adv. Rep. 3 (2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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