An open container in a car is probable cause under the automobile exception to search for other open containers. In addition: \u201cHere, Patrolmen Link and McClamroch had received information that a retaliatory shooting could occur near the location they stopped Defendants. Defendants drove at strange speeds and then sped up as police approached. Against the backdrops of the day-before killing and shooting, Patrolmen Link and McClamroch could believe Defendants were armed and dangerous.\u201d Thus, a sweep of the car for weapons under Long was reasonable. United States v. Farrow, 2020 U.S. Dist. LEXIS 32499 (N.D. Ohio Feb. 26, 2020).<\/p>\n\n\n\n
Defense counsel\u2019s affidavit in this 2255 was credited that any motion to suppress would be meritless and would be denied. The court agrees. Polanco-Jimenez v. United States, 2020 U.S. Dist. LEXIS 32593 (W.D. Tex. Feb. 26, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
An open container in a car is probable cause under the automobile exception to search for other open containers. In addition: \u201cHere, Patrolmen Link and McClamroch had received information that a retaliatory shooting could occur near the location they stopped … Continue reading