On defendant\u2019s stop, the officer saw a cut off straw in defendant\u2019s shirt pocket, and a frisk was justified because of hands in the pockets. The frisk of his thin material shorts revealed a lighter and more straws and it was reasonable to infer they were drug paraphernalia. Then the actual drugs were also found by plain feel. http:\/\/www.courtrecords.alaska.gov\/webdocs\/opinions\/ops\/ap-2467.pdf, 2015 Alas. App. LEXIS 129 (August 7, 2015).<\/p>\n
Defendant\u2019s stop was justified by a BOLO. The search of the vehicle was shown to be by consent. United States v. Johns, 2015 U.S. Dist. LEXIS 104071 (M.D. Fla. August 7, 2015).*<\/p>\n
The DUI refusal statute does not criminalize a person’s exercise of his Fourth Amendment rights.State v. Birchfield, 2015 ND 6, \u00b6 19, 858 N.W.2d 302. State v. Kordonowy<\/a>, 2015 ND 197, 2015 N.D. LEXIS 211 (August 6, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":" On defendant\u2019s stop, the officer saw a cut off straw in defendant\u2019s shirt pocket, and a frisk was justified because of hands in the pockets. The frisk of his thin material shorts revealed a lighter and more straws and it … Continue reading