{"id":8483,"date":"2013-03-13T06:56:11","date_gmt":"2013-03-13T06:56:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-03-13T06:56:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8483","title":{"rendered":"CA5: Probable cause for car search renders consent issue moot"},"content":{"rendered":"<p>Defendant\u2019s car was searched with probable cause, so her consent issue on appeal is irrelevant. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/12\/12-50309.0.wpd.pdf\">United States v. Carter<\/a>, 2013 U.S. App. LEXIS 4908 (5th Cir. March 11, 2013).*<\/p>\n<p>While the stop was long (31 minutes), there was no evidence that the officer did anything other than pursue the license and registration issues. While the officer testified that he extended the stop based on reasonable suspicion, his discussion with the driver never varied from the license and registration issues, so his own opinion isn\u2019t determinative. Finally, the search of the car was by consent. United States v. Aponte,  2013 U.S. Dist. LEXIS 34017 (D. Neb. March 12, 2013).*<\/p>\n<p>There was probable cause for defendant\u2019s arrest for bank robbery because he was found looking for the getaway car in a residential neighborhood where the driver had been arrested with the key. He matched the description and there were other factors linking him. Because a suppression motion would be meritless, defense counsel cannot be ineffective. Emanuel v. United States, 2013 U.S. Dist. LEXIS 33014 (M.D. Fla. March 11, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=8483\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8483","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8483","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8483"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8483\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8483"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8483"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8483"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}