Defendant filed a motion to reconsider denial of a motion to suppress because of (1) new documentary evidence, and (2) deciding to challenge consent. The first is granted, but the second denied. The issue of consent was expressly waived in the initial motion and can\u2019t be asserted on a motion to reconsider. United States v. Bigi, 2011 U.S. Dist. LEXIS 15374 (S.D. Ohio February 16, 2011).*<\/p>\n
Defendant was stopped for a broken taillight, and the officer directed him out of the car because he was excessively nervous. Cocaine fell out of his lap, and a dog alerted on the car. The search was legal. United States v. Riley<\/a>, 410 Fed. Appx. 963, 2011 FED App. 0109N (6th Cir. 2011) (unpublished).*<\/p>\n The officer approached a car parked on a McDonald\u2019s lot after hours that had become a drug trafficking place at night. In his encounter with the two occupants of the car slouched down and the one on the phone outside, he got a story that made no sense, and that became reasonable suspicion. United States v. Sanchez-Sosa, 2011 U.S. Dist. LEXIS 15275 (D. Kan. February 14, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading