CA9: Admission of use of pipe in car was probable cause for search of car

The car was stopped for a traffic violation. When the officer ran the name of the driver and passenger, the passenger came back with a warrant and a missing and endangered persons report. The passenger was acting furtively and admitted use and possession of a pipe, which had obviously been recently used. That gave probable cause to search the interior of the car. United States v. Evans, 445 Fed. Appx. 29 (9th Cir. 2011).*

Defendant was stopped and arrested based on a flyer the police had showing defendant and his vehicle involved in thefts. Thus, the search of the vehicle was based on that probable cause and not on the search incident doctrine. United States v. Mitchell, 2011 U.S. Dist. LEXIS 80018 (E.D. Tex. July 18, 2011).*

Defendant’s handcuffing on reasonable suspicion was reasonable in this case because the officer was trying to maintain the status quo. The defendant was not alone, and they had been passing what the officer thought was drugs. State v. Carrouthers, 213 N.C. App. 384, 714 S.E.2d 460 (2011).*