{"id":4454,"date":"2010-12-29T14:43:48","date_gmt":"2010-07-20T09:40:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-20T09:40:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4454","title":{"rendered":"CA5: Passenger&#8217;s detention was not related to search of the car, and passenger lacked standing"},"content":{"rendered":"<p>The passenger in a car had no standing to challenge a search of the car, and the finding of drugs in the car was not a fruit of the seizure of the passenger. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cpub%5C08\/08-41063-CR0.wpd.pdf\">United States v. Pack<\/a>, 612 F.3d 341 (5th Cir. 2010).<\/p>\n<p>On the totality, the officer had reasonable suspicion to detain defendant in his rental car based on: inconsistent stories about their travel plans, the overwhelming smell of air freshener, cologne, or perfume coming from the inside of the car, and the increase in people transporting prescription drugs from Detroit to Kentucky. The USMJ credited three additional factors which the USDJ does not. Still, there was reasonable suspicion. The drug dog was not shown to be unreliable. United States v. Chapple, 2010 U.S. Dist. LEXIS 71526 (E.D. Mich. July 16, 2010),* R&amp;R 2010 U.S. Dist. LEXIS 78616 (E.D. Mich. March 1, 2010).*<\/p>\n<p>Defendant\u2019s probation officer had authority to search defendant\u2019s car for drugs based on reasonable suspicion of his possession of Percocet. United States v. Woodson, 2010 U.S. Dist. LEXIS 71542 (D. Del. July 14, 2010).*<\/p>\n<p>Questions during a routine traffic stop are not subject to Miranda. Those questions led to reasonable suspicion. A \u201cdisclaimer,\u201d like a crucifix, in isolation may be meaningless, but with other things can be reasonable suspicion. The subsequent search of the car was justified.  United States v. Mendoza-Sorzano, 2010 U.S. Dist. LEXIS 71681 (D. Utah May 3, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4454\">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-4454","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4454","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=4454"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4454\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4454"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4454"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4454"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}