The officer’s complying with the Fourth Amendment in the stop and arrest is not an element of defendant’s crime [or any crime]. State v. Chivalan, 2021 Iowa App. LEXIS 381 (Apr. 28, 2021) [one can, in some cases, get an illegal search instruction in Texas, but doesn’t it fall on deaf ears?]
A search warrant to take blood implicitly includes the ability to test it. Balderas v. State, 2021 Tex. App. LEXIS 3242 (Tex. App. – Houston (1st Dist.) Apr. 29, 2021).
“The court concludes that defendant’s detention was not unreasonably prolonged. Even though defendant and Ms. Payne had been separated, that fact, in the court’s view, did not dispel reasonable suspicion of criminal activity. Defendant had given inconsistent information about how long they had been in the parking lot and had been plainly evasive about whether there was a firearm in the car.” United States v. Samilton, 2021 U.S. Dist. LEXIS 81769 (W.D. Okla. Apr. 29, 2021).*
Defendant hadn’t been seized when he discarded evidence. Even if he had been, he was seized with reasonable suspicion. United States v. Upshur, 2021 U.S. Dist. LEXIS 81781 (E.D. Pa. Apr. 29, 2021).*
The officer did not act unreasonably in not telling defendant that a licensed driver could come and get the car from him after a stop where he had no DL. That did not unreasonably extend the stop. After the dog alert, the car was searched with a warrant. United States v. Johnson, 2021 U.S. Dist. LEXIS 81814 (D.S.D. Apr. 29, 2021).*