Officers saw a vehicle parked on the side of the four lane road. It was not illegally parked, and the officers claimed information that maybe they were stopped to dump trash, but there was no trash. There was no reasonable suspicion for a stop. Defendant\u2019s consent was tainted by this illegal stop. United States v. Corona-Torres, 2011 U.S. Dist. LEXIS 47998 (N.D. Iowa April 20, 2011).*<\/p>\n
Defendants were stopped and not free to go, but there was reasonable suspicion. Defendants refused consent, so the use of a drug dog was not unreasonable, and that developed probable cause. United States v. Benedict, 2011 U.S. Dist. LEXIS 47970 (D. Neb. February 18, 2011)*:<\/p>\n
An unusual nervousness on the part of Benedict, a failure of memory as to his wife’s name, the divergence of travel plans expressed by Benedict and Robyn, and the divergence of family history expressed by Benedict and Robyn, all contributed to Trooper Hayes’ suspicion of criminal activity. The court finds such suspicions to be reasonable as would justify a further detention. At first, Benedict’s detention was voluntary as Benedict agreed to talk with Trooper Hayes about contraband matters. While initially indicating he might permit a search, Benedict was clear when asked to sign a consent to search that he did not consent to the Cadillac being searched. When Benedict refused consent to search, Trooper Hayes detained Benedict and the Cadillac for a canine sniff. It is clear that Benedict and Robyn were both detained on the side of the Interstate along with the Cadillac. It would be absurd to say that Benedict and Robyn were \u201cfree to go\u201d when there was no practical way to leave the scene of the stop.\n<\/p><\/blockquote>\n
The search warrant in this case was issued with probable cause, and defendant did not show that Leon\u2019s exceptions would make the search invalid. Because the search was with a warrant, the question of whether defendant was on the curtilage at the time of arrest was moot. United States v. Norris<\/a>, 640 F.3d 295 (7th Cir. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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