{"id":934,"date":"2007-08-12T20:19:47","date_gmt":"2007-04-19T07:47:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-04-19T07:47:10","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=934","title":{"rendered":"Defendant&#8217;s prior arrests show familiarity with the system and weighs toward voluntariness of consent"},"content":{"rendered":"<p>Defendant&#8217;s prior history of arrests shows familiarity with the criminal justice system, and it weighs in favor of the voluntariness of his consent to search.  State v. Riels, 2007 Tenn. LEXIS 358 (March 1, 2007).*<\/p>\n<p>Plaintiff&#8217;s subjective belief that he was restrained was not the question; rather, what do the objective facts show. Monroe v. City of Charlottesville, 2007 U.S. Dist. LEXIS 28231 (W.D. Va. April 17, 2007).*<\/p>\n<p>Classroom searches for stolen money was valid, but strip searches in bathrooms for the money were not.  H.Y. v. Russell County Bd. Of Educ., 490 F. Supp. 2d 1174 (M.D. Ala. 2007).*<\/p>\n<p>Plain view of crack after a traffic stop was valid. United States v. Gill, 2007 U.S. Dist. LEXIS 28019 (W.D. Mo. April 16, 2007).*<\/p>\n<p>Defendant&#8217;s conduct was more than mere nervousness and that was reasonable suspicion. United States v. Davis, 2007 U.S. Dist. LEXIS 27935 (E.D. La. April 13, 2007)*:<\/p>\n<blockquote><p>Beyond the mere nervousness and travel plan inconsistencies in Dortch, and the inconsistent statements and prior arrest in Jones, the present case involves a confluence of factors that, as in <em>Gonzales<\/em> and <em>Powell<\/em>, gave rise to reasonable suspicion and a proper tailored inquiry regarding possible drug trafficking activity. Based on the officer&#8217;s knowledge and experience n9 and in light of the totality of the circumstances, the Court finds that the numerous facts articulated by Neihaus gave rise to a reasonable suspicion that Davis may have been involved in drug trafficking. While 40 minutes elapsed before the canine unit arrived, &#8220;There is &#8230; no constitutional stopwatch on traffic stops.&#8221; <em>Brigham<\/em>, 382 F.3d at 511. The Court concludes that Davis&#8217;s continued detention did not violate the Fourth Amendment.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=934\">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-934","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/934","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=934"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/934\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=934"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=934"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=934"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}