{"id":8323,"date":"2013-05-21T07:03:45","date_gmt":"2013-02-04T16:02:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-02-04T16:02:53","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8323","title":{"rendered":"CA8: Two rental cars in tandem could be reasonable suspicion"},"content":{"rendered":"

Defendant was paced driving 75 in a 70 zone. The officer noticed that he was likely driving in tandem with another new, untinted vehicle, also likely a rental vehicle licensed in the same state. When the officer stopped the first car for speeding, he could smell an overpowering odor of green marijuana. The stop was reasonable and the search was with apparent probable cause. United States v. Allen<\/a>, 12-1663 (8th Cir. February 4, 2013).<\/p>\n

The officer came up to defendant\u2019s tractor-trailer, engine running, apparently unoccupied, and parked on a truckstop parking lot. He knocked on the door twice, and defendant opened the sleeper curtain. The officer motioned for him to come out, and he did. First, that was not a seizure, and second it was reasonable to have him get out. \u201cHowever, the \u2018encounter did not become a seizure simply because [the Defendant] may have felt inherent social pressure to cooperate with\u2019 [the officer.]\u201d State v. Mendenhall<\/a>, 2013 Tenn. Crim. App. LEXIS 75 (January 30, 2013).<\/p>\n

The stop was reasonable in its length, and there was no show of force or aggressive conduct or words by the officer. Defendant\u2019s consent was valid. State v. Murphy<\/a>, 296 Kan. 490, 293 P.3d 703 (2013), affg 42 Kan. App. 2d 933, 219 P.3d 1223 (2009).<\/p>\n","protected":false},"excerpt":{"rendered":"

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