{"id":5127,"date":"2011-05-16T07:39:01","date_gmt":"2011-01-26T00:38:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-25T21:24:56","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5127","title":{"rendered":"LA4: Defendant’s encounter at the NOLA train station was consensual"},"content":{"rendered":"

Defendant\u2019s encounter with the police at the New Orleans Amtrak station was not a seizure under Bostick<\/a> and Mendenhall<\/a>. He admitted having marijuana on his person. State v. Spells<\/a>, 56 So. 3d 1073 (La. App. 4th Cir. 2011)*:<\/p>\n

Narcotics detective Harry Stovall of the New Orleans Police Department was working at that city’s Union Passenger Terminal with Detective Raymond Delvalle of the Amtrak Police Department, checking passengers who were arriving in New Orleans by bus or train in order to determine whether they were in possession of illegal or dangerous substances. Det. Stovall explained that they approached individuals, explained what they were doing, and asked for their identification and ticket, as well as asking whether they would voluntarily consent to having their luggage searched.<\/p>\n

Det. Stovall noticed Mr. Spells as he disembarked from a train, because he stopped his approach to the terminal and watched while they conducted a check of another individual; Mr. Spells appeared to be concerned over the officers’ presence. Det. Stovall found the defendant’s behavior suspicious because the majority of people exiting the train continued their approach to the terminal without stopping. Because he was in plainclothes, Det. Stovall identified himself to Mr. Spells as Mr. Spells approached, and the detective presented his badge, which was around his neck.<\/p>\n

Det. Stovall asked Mr. Spells for his identification and his ticket stub because he wanted to ascertain whether the identification and the name on the ticket were in the same name. As Mr. Spells handed over his information, Det. Stovall saw that his hand was shaking. Det. Stovall explained to Mr. Spells that they were checking passengers as they entered the city to ensure that people were not bringing illegal or dangerous items with them. Det. Stovall explained that they were conducting \u201cvoluntary, consensual\u201d searches, and that Mr. Spells had the right to refuse. Det. Stovall then asked him whether he was in possession of anything he should not have.<\/p><\/blockquote>\n

[Note: If he had only just walked off ….]<\/p>\n","protected":false},"excerpt":{"rendered":"

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