{"id":3715,"date":"2010-07-06T17:19:51","date_gmt":"2010-01-08T00:42:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-01-07T10:24:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3715","title":{"rendered":"MD: Dog alert on car gave RS to frisk all occupants"},"content":{"rendered":"<p>Officer was justified in frisking defendant for weapons after the car he was in was stopped and a drug dog gave a positive alert. <a href=\"http:\/\/mdcourts.gov\/opinions\/cosa\/2009\/1126s08.pdf\">Stokeling v. State<\/a>, 189 Md. App. 653, 985 A.2d 175 (2009).<\/p>\n<p>In response to defendant\u2019s claim that his search incident was invalid under <a href=\"http:\/\/www.supremecourtus.gov\/opinions\/08pdf\/07-542.pdf\">Gant<\/a>, the government instead relies on reasonable suspicion for the stop, which was found, and probable cause for a search based on the smell of marijuana, which was found. United States v. Awolowo, 2009 U.S. Dist. LEXIS 121798 (E.D. Tenn. December 14, 2009).*<\/p>\n<p>Defendant was speeding. \u201cThe fact that the officers were looking for Jesus Huerta to arrest him on an outstanding federal warrant is quite beside the point; so-called pretextual traffic stops are permissible so long as the officer has probable cause to believe that a traffic violation had occurred.\u201d United States v. Huerta, 2009 U.S. Dist. LEXIS 121778 (E.D. Tenn. December 9, 2009)* (And, if they had PC to believe that Huerta was in the vehicle, that would support the stop, too.)<\/p>\n<p>A person not legitimately on the premises at the time of an alleged illegal search has no \u201cstanding\u201d to sue either. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2010\/01\/05\/08-35708.pdf\">McPheters v. City of Boise<\/a>, 361 Fed. Appx. 754 (9th Cir. 2010) (unpublished).*<\/p>\n<p>Officers were assured that defendant was in the place where the officers went with an arrest warrant, so the entry was with knowledge he would be found there. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/10a0001n-06.pdf\">United States v. Collins<\/a>, 359 Fed. Appx. 639, 2010 FED App. 0001N (6th Cir. 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3715\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-3715","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3715","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=3715"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3715\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3715"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3715"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3715"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}