{"id":3910,"date":"2010-12-29T08:37:24","date_gmt":"2010-03-02T07:23:12","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-02T07:23:12","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3910","title":{"rendered":"W.D.Mo.: Pre-<em>Gant<\/em> search was valid as inventory or search incident with good faith"},"content":{"rendered":"<p>Defendant was stopped for a traffic offense, and he had warrants out. He was arrested on the warrants. The search of his car was valid as an inventory or a search incident with good faith, although prior to Gant. United States v. Scroggins, 2010 U.S. Dist. LEXIS 17357 (W.D. Mo. February 8, 2010)* (W.D. Mo. already follows McCane from the 10th Cir.  Here, however, it was unnecessary to say that because this was a custodial arrest situation.)<\/p>\n<p>Defendant was stopped for a traffic offense after the officer tried to get him to pass the patrol car.  The numerous factors indicative of reasonable suspicion of alien smuggling are set out in the opinion. United States v. Telles-Montenegro, 2010 U.S. Dist. LEXIS 17259 (M.D. Fla. February 4, 2010).*<\/p>\n<p>Defendant\u2019s stop was reasonable in length and within the period for getting a return on the DL check before the officer asked for consent. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/200912502.pdf\">United States v. Geboyan<\/a>, 2010 U.S. App. LEXIS 3893 (11th Cir. February 24, 2010) (unpublished).*<\/p>\n<p>Appellant\u2019s \u201cown brief fails to identify a single argument upon which his motion to suppress could have been granted if it had been raised timely,\u201d so it is waived.  <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cunpub%5C09\/09-40278.0.wpd.pdf\">United States v. Ross<\/a>, 367 Fed. Appx. 519 (5th Cir. 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3910\">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-3910","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3910","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=3910"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3910\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3910"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3910"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3910"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}