Search of defendant\u2019s car was justified as an automobile exception search because he did not prove there was no probable cause. \u201cThe undersigned recommends that Defendant’s Motion to Supress be DENIED because Defendant has failed to show that there was not probable cause for the warrantless search of defendant’s vehicle.\u201d [The defendant does not have the burden of proof to show a warrantless search was illegal.] United States v. Williams, 2009 U.S. Dist. LEXIS 126054 (W.D. W.Va. June 23, 2009) (USMJ R&R).<\/p>\n
While the search of defendant\u2019s car was unreasonable under Gant, the district court also found that defendant consented to a search of the car, and that was not clearly erroneous. United States v. Alvarez<\/a>, 371 Fed. Appx. 756 (9th Cir. 2010) (unpublished).*<\/p>\n Strange travel plans, excessive air freshener with the overpowering smell of detergent, and excessive nervousness was reasonable suspicion during a traffic stop. United States v. Legge, 2010 U.S. Dist. LEXIS 23952 (D. Utah March 15, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading