{"id":58286,"date":"2024-07-06T16:06:16","date_gmt":"2024-07-06T21:06:16","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58286"},"modified":"2024-07-07T07:33:04","modified_gmt":"2024-07-07T12:33:04","slug":"ca5-the-fact-the-officer-was-in-an-interstate-highway-drug-interdiction-team-was-unavailing-because-there-was-a-lawful-basis-for-the-stop","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58286","title":{"rendered":"CA5: The fact the officer was in an interstate highway drug interdiction team was unavailing because there was a lawful basis for the stop"},"content":{"rendered":"\n

\u201cRocha Nevarez’s argument that the stop was unlawful from the start because the trooper was part of a roving drug interdiction team is unavailing. The state trooper witnessed Rocha Nevarez drift over the fog line on eastbound Interstate 20 on at least three occasions prior to pulling her over for a traffic violation, the validity of which is uncontested. Even if that was a pretext, the stop did not violate the Fourth Amendment. See Whren v. United States, 517 U.S. 806, 810-12 (1996).\u201d Then, reasonable suspicion developed. United States v. Nevarez<\/a>, 2024 U.S. App. LEXIS 16315 (5th Cir. July 3, 2024).<\/p>\n\n\n\n

Even if the initial search was unlawful, plain view was going to occur, and that\u2019s inevitable discovery. United States v. Lara, 2024 U.S. Dist. LEXIS 117479 (D. Mass. July 3, 2024).*<\/p>\n\n\n\n

Nexus was shown in the affidavit for warrant. \u201cThe first instance involved Rutherford driving to the Washington address and parking across the street from the house. There, Rutherford and an unidentified black male unloaded the pill press and carried the pill press toward the Washington address. Rutherford took the pill press to the Washington address the same afternoon it was delivered to the Greenview address.\u201d United States v. Washington, 2024 U.S. Dist. LEXIS 117518 (W.D. Okla. July 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cRocha Nevarez’s argument that the stop was unlawful from the start because the trooper was part of a roving drug interdiction team is unavailing. The state trooper witnessed Rocha Nevarez drift over the fog line on eastbound Interstate 20 on … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[68,38,51,35],"tags":[],"class_list":["post-58286","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery","category-nexus","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58286","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58286"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58286\/revisions"}],"predecessor-version":[{"id":58304,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58286\/revisions\/58304"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58286"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58286"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}