{"id":3403,"date":"2011-10-07T17:09:46","date_gmt":"2009-09-26T07:25:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-09-26T07:25:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3403","title":{"rendered":"NC: Expired registration stop does not support SI under Gant<\/em>"},"content":{"rendered":"

Arrest for expired registration and lack of insurance cannot justify a search incident of the car’s interior under Gant, in a case GVRed after Gant (reversing prior holding). State v. Carter<\/a>, 200 N.C. App. 47, 682 S.E.2d 416 (2009), on remand from Carter v. North Carolina, 129 S. Ct. 2158, 173 L. Ed. 2d 1153 (U.S., 2009).<\/p>\n

Officer\u2019s prior knowledge of the defendant\u2019s heavy meth involvement was RS for a patdown when defendant was stopped. Boyd v. State<\/a>, 300 Ga. App. 455, 685 S.E.2d 319 (2009).*<\/p>\n

Defendant had automatic standing under state law where it was alleged he was guilty of possession in the place searched. Commonwealth v. Ware<\/a>, 75 Mass. App. Ct. 220, 913 N.E.2d 869 (2009).*<\/p>\n

Officers doing a criminal history check during a traffic stop does not make the stop unreasonable. State v. Reed<\/a>, 2009 Tenn. Crim. App. LEXIS 775 (September 17, 2009).*<\/p>\n

Trial court found that defendant’s stop was not justified because of a seat belt violation, and the officer was simply found not credible. The evidence does not preponderate against that finding. State v. Walker<\/a>, 2009 Tenn. Crim. App. LEXIS 780 (September 21, 2009).*<\/p>\n

Knock-and-talk approach veered off and officers instead went to defendant’s outbuilding, and the search was unreasonable. Defendant’s later consent was not sufficiently attenuated from the unlawful search. State v. Greene<\/a>, 2009 Tenn. Crim. App. LEXIS 777 (September 22, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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