{"id":34104,"date":"2018-08-02T14:08:13","date_gmt":"2018-08-02T19:08:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34104"},"modified":"2018-08-02T14:08:13","modified_gmt":"2018-08-02T19:08:13","slug":"ca4-def-who-pled-standing-gets-benefit-of-byrd-for-standing-in-his-rental-car-but-loses-on-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=34104","title":{"rendered":"CA4: Def who pled standing gets benefit of Byrd<\/em> for standing in his rental car but loses on RS"},"content":{"rendered":"

Defendant preserved his Byrd argument that he had standing in the rental car, and he gets the benefit of it. On the merits, the officer had reasonable suspicion: Swisher Sweets cigars, sandwich bags without associated stuff, and just sprayed with air freshener. \u201cDorsey contends that the totality of the circumstances did not support reasonable suspicion. The facts articulated by Swaringer were as follows: the odor of recently sprayed air freshener, several packages of a brand of cigars often used to smoke marijuana, a supply of plastic baggies, the lack of a rental car contract, and the lack of a valid license. While the first three facts were innocent on their face, Swaringer testified that they were items frequently used in connection with drug trafficking. Specifically, Swaringer stated that the air freshener smelled as though it had been \u2018just sprayed, possibly attempting trying to mask an unknown odor.\u2019 He further averred that Swisher Sweet cigars are \u2018normally common used in the smoking of marijuana\u2019 and that it \u2018stood out as odd as to why someone would pack their glove box with sandwich baggies,\u2019 when there was no evidence of “bread, sandwich meat, cheeses or anything like that inside the vehicle.\u2019 We find that the totality of the circumstances would eliminate a substantial portion of innocent travelers and that the totality of Dorsey’s conduct was indicative of \u2018more sinister behavior.\u2019\u201d United States v. Dorsey<\/a>, 2018 U.S. App. LEXIS 21340 (4th Cir. Aug. 1, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant preserved his Byrd argument that he had standing in the rental car, and he gets the benefit of it. On the merits, the officer had reasonable suspicion: Swisher Sweets cigars, sandwich bags without associated stuff, and just sprayed with … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35,34],"tags":[],"class_list":["post-34104","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34104","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=34104"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34104\/revisions"}],"predecessor-version":[{"id":34105,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34104\/revisions\/34105"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34104"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34104"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34104"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}