W.D.La.: If the stop is too long for Rodriguez the defense should at least show it

If the stop is too long for Rodriguez, the defense should at least attempt to show it. “Because there is nothing set forth in the facts alleged by both parties that shows Carter’s detention was lengthy or extended beyond the original stop until the K-9 sniff-search took place, the subsequent search of the vehicle is not ‘void’ due to the length of the stop and detention. Compare United States v. Davis, 2007 WL 1125763, at *4-6 (E.D. La. 2007).” So, it’s not on the government to show it wasn’t too long. United States v. Carter, 2022 U.S. Dist. LEXIS 111733 (W.D. La. June 2, 2022). [At least allege it in the motion to suppress.]

Defendant’s car was stopped for traffic violations at night. One of the officers involved knew that defendant was often armed, and his prior arrest of defendant was for unlawful possession of a weapon. In fact, he had two priors for that. There was reasonable suspicion for a frisk. Commonwealth v. Garner, 2022 Mass. LEXIS 294 (June 24, 2022).*

The tip to the probation officer did not provide reasonable suspicion for defendant’s probation search. McGraw v. State, 2022 Alas. App. LEXIS 86 (June 24, 2022).*

This entry was posted in Probation / Parole search, Reasonable suspicion, Reasonableness. Bookmark the permalink.

Comments are closed.