{"id":3072,"date":"2009-07-24T11:05:25","date_gmt":"2009-04-20T06:00:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-20T06:00:06","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3072","title":{"rendered":"D.Kan.: Traffic stop for lane drift unjustified when it was windy"},"content":{"rendered":"

Defendants were in a car that was identical to one the police were looking for. They ran the license number, realized it was somebody else’s, and saw that the owner of that car was wanted for firearms violations and was missing. The stop was based on reasonable suspicion. United States v. Wallace<\/a>, 2009 U.S. App. LEXIS 7832 (9th Cir. April 14, 2009) (unpublished).*<\/p>\n

Defendant’s co-occupant was arrested with him and they were separated. She was asked for consent, and it was obtained. The police had no duty to ask him first under Randolph<\/a>. United States v. Brown<\/a>, 563 F.3d 410 (9th Cir. 2009). (This is about the 50th opinion to say this. Too many read too much into Randolph.)<\/p>\n

Defendant’s traffic stop for drifting in his lane was unjustified because it was admittedly highly windy that day, and there was no showing of danger to another driver. After defendant’s DL was given back and he was told he could go, he was reengaged in conversation and the officer detected nervousness to one question and ordered defendant out of the car. The stop and detention were unreasonable, and the motion to suppress is granted. United States v. Maldonado, 614 F. Supp. 2d 1179 (D. Kan. 2009).*<\/p>\n

The government failed to show that a guest of another in a motel room had enough apparent authority to consent to a search of the room. He had a sufficient connection to the room to show a REP in the room, but that does not translate into apparent authority. Under Tenth Circuit authority, it was apparent that the officers had to inquire further as to apparent authority. United States v. Krehbiel, 2009 U.S. Dist. LEXIS 32235 (D. Utah April 16, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3072","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3072","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3072"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3072\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3072"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}