{"id":41450,"date":"2019-12-27T00:00:57","date_gmt":"2019-12-27T05:00:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41450"},"modified":"2019-12-26T06:52:01","modified_gmt":"2019-12-26T11:52:01","slug":"s-d-tex-even-though-defs-mexican-lpn-couldnt-be-checked-except-for-whether-it-was-in-a-crime-the-officer-was-still-able-to-inquire","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41450","title":{"rendered":"S.D.Tex.: Even though def&#8217;s Mexican LPN couldn&#8217;t be checked except for whether it was in a crime, the officer was still able to inquire"},"content":{"rendered":"<p>\u201cThe record shows that Sgt. Thumman determined almost immediately after the stop that Defendant&#8217;s [Mexican] registration was expired, which is an arrestable offense in Texas. Despite the 10-6 [don\u2019t report back unless vehicle used in a crime], he was free to inquire about the purpose and itinerary of Defendant&#8217;s trip without unlawfully extending the stop, because the Fifth Circuit \u2018consider[s] these questions to be reasonably related in scope to his investigation of the circumstances that caused the stop.\u2019 &#8230; During this conversation, Sgt. Thumman developed additional reasonable suspicion of illegal activity based on Defendant&#8217;s extreme nervousness and seemingly false statement about his recent travel history between Mexico and Houston. &#8230; Within four minutes after initiating the stop, Sgt. Thumman conducted this colloquy and received consent to search Defendant&#8217;s vehicle. During the next seven minutes, he observed that Defendant had no luggage in the vehicle, observed the gas tank had been recently installed and was abnormally dense, developed a belief that the gas tank contained a hidden compartment that likely contained contraband, and directly asked Defendant about the contents of the gas tank.\u201d All this was reasonable suspicion. United States v. Lozano-Alvarez, 2019 U.S. Dist. LEXIS 219080 (S.D. Tex. Dec. 18, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe record shows that Sgt. Thumman determined almost immediately after the stop that Defendant&#8217;s [Mexican] registration was expired, which is an arrestable offense in Texas. Despite the 10-6 [don\u2019t report back unless vehicle used in a crime], he was free &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=41450\">Continue reading <span class=\"meta-nav\">&rarr;<\/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],"tags":[],"class_list":["post-41450","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41450","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=41450"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41450\/revisions"}],"predecessor-version":[{"id":41451,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41450\/revisions\/41451"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41450"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41450"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41450"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}