Defendant\u2019s incredible story during these forfeiture proceedings that he inherited the money from his mother which was not raised until well into the proceedings justified the court not believing his version that the search was without his consent in the first place. United States v. Funds in the Amount of $40,000, 2010 U.S. Dist. LEXIS 131582 (N.D. Ill. December 13, 2010).*<\/p>\n
Officers applied for a search warrant for a drug house with ongoing sales. While waiting, they decided they could do a probation search and entered. Because there were ongoing drug sales on the property, they were justified in doing frisks of the people inside because of the number alone. This was not a one on one encounter on the street. State v. Crooks<\/a>, 150 Idaho 117, 244 P.3d 261 (App. 2010).*<\/p>\n An officer passed a vehicle with a headlight out and he turned around and pulled it over. When stopped, there were three vehicles together that stopped with the officer in the middle. The officer walked back to another vehicle to tell them what he was doing, and he smelled marijuana in the vehicle. The person in that vehicle would not feel free to leave when the officer came back to talk to him, so that person\u2019s encounter was unreasonable when the officer told him to stay put. State v. Ray<\/a>, 2010 Ida. App. LEXIS 101 (December 10, 2010)* [Note: I think that the officer had a right to go back to the vehicle that stopped behind him for his own safety to make sure this was not an ambush coming. Here, telling that driver to stay was the seizure. He should have just told them to take off and leave him alone to do his job.]<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading