While the court has granted the government\u2019s motion to reopen the suppression hearing, the government has moved for a deposition of the alleged child victim in this case who is residing in a \u201csecure educational institution\u201d who has a substantial risk of nonappearance at the trial. Granting depositions are not done lightly in the federal system, and defendant will be able to participate and cross-examine and it will be taken in the courthouse. The testimony is for trial. United States v. Christy, 2011 U.S. Dist. LEXIS 127235 (D. N.M. September 21, 2011).*<\/p>\n
The officer had reasonable suspicion but didn\u2019t need it during a traffic stop to ask for consent to search. Defendant also did not have a right to Miranda warnings before being asked for consent. State v. Lara<\/a>, 78 So. 3d 159 (La. App. 2d Cir. 2011).*<\/p>\n Defendant was stopped for a traffic offense, and the smell of marijuana was sufficient to continue the detention. Williams v. State<\/a>, 356 S.W.3d 508 (Tex. App.\u2014Texarkana 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading