{"id":3564,"date":"2010-05-18T22:25:33","date_gmt":"2009-11-25T06:40:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-11-25T06:40:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3564","title":{"rendered":"CA11: Defendant’s showing up for a drug deal arranged with a CI was PC for search of his car"},"content":{"rendered":"

There was PC to search defendant\u2019s car after he brokered a drug deal during a telephone call with the CI which would occur at a specific time and place. His showing up as expected was PC. The claim that the CI was incredible as a matter of law was meritless. United States v. Allen<\/a>, 353 Fed. Appx. 352 (11th Cir. 2009) (unpublished)*:<\/p>\n

As applied here, the district court did not err by denying Smith’s motion to suppress drug evidence seized during a search of his car because police officers had probable cause to believe that Smith’s car contained cocaine base that Smith intended to sell to a CS. During the suppression hearing, a government agent testified that on August 2, 2006, the CS, in a telephone conversation, brokered a transaction with Smith in which Smith agreed to sell the CS cocaine base at the Hwy. 17\/State Rd. 100 gas station. Thus, when Smith subsequently showed up at the Hwy. 17\/State Rd. 100 gas station, the investigators could have reasonably believed that there was a fair probability that Smith’s vehicle contained cocaine base that he intended to sell to the CS. This is especially true given that, prior to this date, Smith had twice sold cocaine base to the CS and law enforcement officers in controlled transactions.<\/p><\/blockquote>\n

Defense counsel was not ineffective for not challenging defendant\u2019s trash search because it was lawful under Greenwood since it was at the curb and it was a regular trash collection day. Zimmerman v. Cason<\/a>, 354 Fed. Appx. 228, 2009 FED App. 0747N (6th Cir. 2009) (unpublished).*<\/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-3564","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3564","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=3564"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3564\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3564"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3564"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}