Defendant\u2019s consent to a search of the car at the conclusion of a traffic stop was voluntary and not coerced. United States v. Morelos-Ayala, 2011 U.S. Dist. LEXIS 30365 (M.D. Ala. January 28, 2011).* Interesting is the fairly intense series of questions, none of which revealed any real reasonable suspicion, which would only be directed at somebody the officer suspected was hauling drugs:<\/p>\n
The tape shows that when defendant Morelos, the driver of the Accord, stopped his vehicle, Autery approached the passenger side and obtained Morelos\u2019 license and registration, explained why he had stopped the car, and told Morelos that he was going to write him a warning ticket. Autery instructed Morelos to come back with him to the patrol car so he could get some information, and Morelos complied. Both Autery and Morelos seated themselves in the patrol car. While Autery ran a check of the license and registration and prepared the warning ticket, he engaged Morelos in conversation, asking him a number of questions. These included, inter alia, the following:<\/p>\n
Where you headed to?
\n Where you live at?
\n How long have you had that car?
\n Where\u2019s your cousin live?
\n Where\u2019s your wife staying in Montgomery?
\n How long has she been there?
\n Do you work?
\n What kind of work do you do?
\n You don\u2019t have a car?
\n How long has your cousin lived in Houston?
\n What\u2019s his name?
\n What kind of work does he do?
\n How many times have you been to Montgomery?
\n You don\u2019t remember what part of town they stay at?
\n Does your wife work? Has she got family in Montgomery?
\n Is that who she\u2019s staying with?
\n What\u2019s his name?
\n What\u2019s he do?
\n You ever gotten tickets before?
\n You ever been arrested?
\n Does [your brother] go to Mexico much?
\n When\u2019s the last time you\u2019ve been to Mexico?
\n How long of a trip is it from Houston up here?<\/p><\/blockquote>\nMorelos responded to each of the questions. When the license and registration check concluded, Autery gave Morelos back his license and registration and handed him the warning ticket. He asked Morelos, \u201cHave you got everything? You get your license and all?\u201d When Morelos responded in the affirmative, Autery said, \u201cLet me ask you this. While I\u2019m out enforcing the traffic laws of Alabama I\u2019m also out looking for any type of contraband. Do you know what I mean by contraband?\u201d When Morelos did not immediately reply, Autery inquired more specifically whether there were any weapons or drugs in the car. He asked, \u201cNo marijuana? No cocaine? No clavos?1\u201d Morelos answered in the negative.<\/p>\n
1 Clavos, which is Spanish for nails, is also a slang term for secret compartment.<\/p><\/blockquote>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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