Officers had an arrest warrant for the defendant, and they were staking out his place. He got in a cab and left, and the officers waited for a traffic offense to stop the cab. [Like they needed one? Doesn\u2019t the arrest warrant provide PC in itself? But I digress.] The cab was speeding, so the officers stopped the cab and got defendant out. The cab driver on his own removed defendant\u2019s black bag from the cab and put it on the trunk, and the officers could see marijuana in the bag. That justified searching the bag. [The court talks of the cab driver having authority to consent to a search of the cab, but the cab driver has no apparent authority to consent to search a passenger\u2019s luggage, so that part of the holding goes unnecessarily far. Same result, however.] United States v. Dixon, 2010 U.S. Dist. LEXIS 133489 (M.D. Fla. November 18, 2010), adopted 2010 U.S. Dist. LEXIS 133437 (M.D. Fla., Dec. 16, 2010):<\/p>\n
Lastly, a number of reasons also justified the search of the Defendant’s bag. Not only were the items in the bag in plain view (the cab driver removed the bag from the passenger compartment and placed it on the taxi’s trunk), the cab driver had authority to consent to the search of the cab, and the detectives would have discovered the controlled substances in any event. See Harris, 526 F.3d at 1339 (cab driver has common authority over passenger compartment and can consent to search); United States v. Virden, 488 F.3d 1317, 1322 (11th Cir. 2007) (applying inevitable discovery doctrine). Besides, the detectives were justified in seizing and searching the bag incident to the Defendant’s lawful arrest. Arizona v. Gant, ___ U.S. ___, 129 S.Ct. 1710, 1719, 173 L. Ed. 2d 485 (2009) (reiterating that circumstances unique to the vehicle context justify a search incident to a lawful arrest when it is reasonable to believe that evidence relevant to the crime of arrest might be found inside the vehicle).<\/p><\/blockquote>\n
There was an arrest warrant for defendant, and his address was known. Officers went to the address, and it turned out that there might be two buildings at that address. When they announced their purpose, the door was slammed in their face, and the officers had a reasonable belief that he was inside and that was the correct address. United States v. Shaw, 2010 U.S. Dist. LEXIS 133973 (W.D. Tenn. December 17, 2010).*<\/p>\n
Defendant\u2019s being suspicious on the fenceline of a military installation was reasonable suspicion of criminal activity justifying a patdown. United States v. Kulkarni, 2010 U.S. Dist. LEXIS 133493 (E.D. Cal. December 2, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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