{"id":59343,"date":"2024-11-13T10:03:15","date_gmt":"2024-11-13T15:03:15","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59343"},"modified":"2024-11-13T10:03:15","modified_gmt":"2024-11-13T15:03:15","slug":"d-alaska-arriving-passenger-stopped-in-airport-consented-to-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59343","title":{"rendered":"D.Alaska: Arriving passenger stopped in airport consented to search"},"content":{"rendered":"\n<p>\u201cHere, in contrast, Ms. Spadaro was an arriving passenger; her airplane ticket was a nonissue. There is no indication that law enforcement took her identification from her. And, despite her several requests to use the restroom, the audio recording supports the Magistrate Judge&#8217;s conclusion that she voluntarily consented to the search of her carry-on luggage and later, to the search of her checked bags. Further, the Court agrees with the Government&#8217;s assertion that the relocation of Ms. Sabado to the police department office, by itself, did not require probable cause to arrest. See Royer, 103 S. Ct. at 504-05.\u201d United States v. Spadaro, 2024 U.S. Dist. LEXIS 204513 (D. Alaska Nov. 8, 2024).*<\/p>\n\n\n\n<p>Lack of a license plate led to initiating a stop and that led to furtive movements in the car before and after the stop. That justified a protective sweep of the car. Bazemore v. Commonwealth, 2024 Va. App. LEXIS 648 (Nov. 12, 2024).*<\/p>\n\n\n\n<p>Plaintiff wasn\u2019t so drunk that she was a disorderly person, and there wasn\u2019t probable cause for her arrest. The officer gets the benefit of lack of clearly established law on this score. Jones v. Naert, 2024 U.S. App. LEXIS 28608 (6th Cir. Nov. 12, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cHere, in contrast, Ms. Spadaro was an arriving passenger; her airplane ticket was a nonissue. There is no indication that law enforcement took her identification from her. And, despite her several requests to use the restroom, the audio recording supports &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59343\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[32,24,40,35],"tags":[],"class_list":["post-59343","post","type-post","status-publish","format-standard","hentry","category-airport-searches","category-consent","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59343","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=59343"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59343\/revisions"}],"predecessor-version":[{"id":59344,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59343\/revisions\/59344"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59343"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59343"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59343"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}