CA9: While RS for owner evaporated because he wasn’t in car, independent RS developed for driver

The officer had reasonable suspicion that the owner of a vehicle parked at a gas station had a warrant. When he stopped the vehicle, the officer discovered that the owner of the vehicle was not there, but independent reasonable suspicion developed for the driver. United States v. Nault, 2022 U.S. App. LEXIS 20111 (9th Cir. July 21, 2022).

“Furthermore, the Court agrees that ‘[e]ven if there were flaws in the GPS warrant or subsequent warrants that undermine these three magistrates’ findings of probable cause, the Leon good-faith exception would apply.’ Dkt. #54 at 29 (citing, 468 U.S. at 920-21).” United States v. Hawkins, 2022 U.S. Dist. LEXIS 128850 (W.D. Wash. July 20, 2022).*

Defendant, a registered sex offender, was suspected of masturbating in his car in front of a house in Fargo. His PO had given him permission to travel to Fargo, and the probation office’s GPS put him near the house in Fargo. The search of his person was reasonable as search incident, and the search of the car was reasonable as a probation search. United States v. Richardson, 2022 U.S. App. LEXIS 20086 (8th Cir. July 21, 2022).*

There was reasonable suspicion on the totality for defendant’s frisk, and the finding of the gun was lawful. United States v. Faught, 2022 U.S. App. LEXIS 20078 (6th Cir. July 19, 2022).*

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