{"id":6333,"date":"2012-04-05T10:13:10","date_gmt":"2011-11-30T10:55:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-30T10:55:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6333","title":{"rendered":"IN: Neighbors’ reports of high traffic, defendant’s prior drug arrest in same house, and opening hood before driving off was cause for stop"},"content":{"rendered":"

Neighbors complained that defendant had unusual traffic to his house after 9 pm every night, and it was like it was before the last time the SWAT team raided his house finding drugs. One neighbor reported that defendant\u2019s trash was removed by a particular pickup truck and not the regular pickup for the neighborhood [remember that Indiana recognizes a REP in trash]. Surveilling defendant, officers saw him come out of his house and open his hood before driving off. When they stopped him, he gave consent to search the car after having been advised of his right to refuse. Under the hood they found drugs. That provided probable cause and nexus to search his house by search warrant. Daugherty v. State<\/a>, 957 N.E.2d 676 (Ind. App. 2011).<\/p>\n

When the officer tried to pull over the defendant for suspicion of DUI, she didn\u2019t stop until a driveway, even though there was a shoulder. When she stopped, another car stopped. She had alcohol on her breath and did not respond to commands as directed, and her detention was reasonable for officer safety because the officer felt at risk because of two people out of their cars at the same time. State v. Drury<\/a>, 358 S.W.3d 158 (Mo. App. 2011).*<\/p>\n

Having previously found that the defendant\u2019s free will and the slight misconduct of the police who turned him over to the FBI attenuated his statement from the illegal arrest. He essentially knew the jig was up, and he was the target of a bigger investigation since the locals gave him to the FBI. His cell phone was seized by the local police on his arrest and it was given to the FBI with him. He freely consented to a search of the cell phone. United States v. Blount, 2011 U.S. Dist. LEXIS 136042 (E.D. Mich. November 28, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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