{"id":7284,"date":"2013-01-07T05:58:14","date_gmt":"2012-06-12T08:28:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-12T08:28:59","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7284","title":{"rendered":"WV: Exclusionary rule doesn’t apply to DL revos or suspensions"},"content":{"rendered":"

The judicially-created exclusionary rule is not applicable in a civil, administrative driver’s license revocation or suspension proceeding. Miller v. Toler<\/a>, 729 S.E.2d 137 (W. Va. 2012).*<\/p>\n

Defendant\u2019s truck was under surveillance near the border with Mexico for 72 hours, and officers suspected drugs in an auxiliary fuel tank, which had become common at the time. All the factors involving this vehicle pointed to reasonable suspicion because of the suspicious activities with the truck of proximity to the border. The officers suspected that the vehicle could have been driven across the river at a shallow point. United States v. Mark<\/a>, 481 Fed. Appx. 899 (5th Cir. 2012).*<\/p>\n

On the totality, the officer had reasonable suspicion that defendant was carrying drugs in his car. [Note the court mentions consent was denied, but this is not mentioned later as a factor in reasonable suspicion.] State v. Smith<\/a>, 373 S.W.3d 502 (Mo. App. 2012)*:<\/p>\n

Here, Appellant was first legitimately stopped for two traffic violations. Already knowing that Appellant had just left a residence known for drug activity, Officer Buske first made contact with Appellant and was struck by Appellant’s nervousness, sweating, and shaking. Further, he recognized Appellant from dealing with him on previous occasions and knew of his history of drug use and criminal activity. It was at this point that Officer Buske requested to search Appellant’s vehicle and Appellant denied that request such that Officer Buske made the decision to request a police dog to sniff the vehicle which was done in an expeditious manner.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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