Warrant check on passenger produced outstanding warrant, and that justified search incident of car

A warrant check on the passenger in a car made during a stop violated no constitutionally protected interest in privacy; it did not change the fundamental nature of the traffic stop. When a warrant was found on the passenger, the officer could conduct a search incident of the vehicle. People v. Roberson, 367 Ill. App. 3d 193, 304 Ill. Dec. 975, 854 N.E.2d 317 (4th Dist. August 23, 2006, released for publication September 28, 2006).

Officer parked behind the defendant, and the officer did not turn on blue lights or take down lights. The defendant got out of his vehicle and approached the officer on his own. This was not a stop. When the defendant got to the officer, the officer could smell marijuana, and things escalated from there. Blake v. State, 939 So. 2d 192 (Fla. App. 5th Dist. October 6, 2006).*

Five and a half month delay was not stale in seeking search warrant for child porn on a computer in Florida after discovery in Maryland that defendant sent child porn pictures from an e-mail address registered at the Florida address where the computer was found. Child porn is commonly retained on computers. State v. Felix, 942 So. 2d 5 (Fla. App. 5th Dist. October 6, 2006, released for publication December 4, 2006).