{"id":4750,"date":"2011-03-31T23:31:38","date_gmt":"2010-10-09T18:54:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-09T18:54:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4750","title":{"rendered":"CA4: DL checkpoint stop was valid"},"content":{"rendered":"<p>Defendant was stopped at a DL checkpoint, and he did not have one and appeared really nervous. He consented to a search of his person producing cocaine, and that led to a \u201climited protective search\u201d of his car, which would have been valid under the automobile exception. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/095013.U.pdf\">United States v. Nixon<\/a>, 396 Fed. Appx. 1 (4th Cir. 2010),* cert. den. 2011 U.S. LEXIS 1519 (U.S., Feb. 22, 2011).<\/p>\n<p>The stop of defendant\u2019s vehicle was valid because the police recognized the passenger and had a warrant for him. Defendant\u2019s minor questioning while waiting for the paperwork to be verified led to an admission that the car was going to a drug deal, and that supported a search. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2010\/10\/01\/09-30313.pdf\">United States v. Savath<\/a>, 398 Fed. Appx. 237 (9th Cir. 2010) (unpublished).*<\/p>\n<p>The question of exigent circumstances for the police entry into defendant\u2019s home was irrelevant because nothing of any consequence was found and nothing from that entry was used at trial. The fact it was a potentially dangerous situation was essentially moot and abstract. <a href=\"http:\/\/www.ca7.uscourts.gov\/tmp\/1S127LLR.pdf\">United States v. Escobedo<\/a>, 397 Fed. Appx. 205 (7th Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4750\">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-4750","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4750","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=4750"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4750\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4750"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4750"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4750"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}