S.D.W.Va.: Single question about possession of firearm reasonable under Rodriguez

Defendant was stopped for riding a bicycle with no helmet. The single question about possessing firearms didn’t unreasonably extend the stop. “Because the question asked here, whether Defendant had any firearms, is perhaps the most basic of inquiries related to officer safety, I find that it was related to the mission of the stop itself and does not violate the Fourth Amendment. See Rodriguez, 575 U.S. at 355.” United States v. Racer, 2021 U.S. Dist. LEXIS 69427 (S.D. W.Va. Apr. 9, 2021).

Defense counsel wasn’t ineffective for not adequately challenging the search warrant for defendant’s computers based on a Yahoo! and NCMEC report that provided probable cause. Phillips v. United States, 2021 U.S. Dist. LEXIS 69021 (M.D. Fla. Apr. 8, 2021).*

Collective knowledge provided probable cause for search of defendant’s vehicle. United States v. Leon, 2021 U.S. App. LEXIS 10275 (5th Cir. Apr. 9, 2021).*

Defendant’s swerving in his lane was reasonable suspicion for a stop. United States v. Smith, 2021 U.S. Dist. LEXIS 69687 (E.D. N.C. Mar. 7, 2021).*

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