Illegal entry into open garage which resulted in no seizure and happened without defendant’s knowledge did not void his consent

Officers set up a controlled buy of about 100 kilos of cocaine. They stopped a rented car leaving the defendant’s premises and found the drugs. They kept the property under surveillance and did not seek a search warrant. While waiting, one officer sneaked into the open garage to look around. Then they did a knock and talk and defendant was found to have consented to the entry. The illegal entry into the garage was unknown by the defendant, and it had no bearing on his consent. United States v. Punzo, 208 Fed. Appx. 468 (7th Cir. 2006)* (unpublished).

Reasonable suspicion developed from officers working off duty at an apartment complex trying to curb crime when they passed a vehicle in the lot twice, and they approached on foot after the second sighting. This time the two in the vehicle were slumped down, and, seeing the officers, they reached under the seats as if hiding something or going for a weapon. Valid consent was then given for a search of the apartment for marijuana one admitted he had there. United States v. Brown, 209 Fed. Appx. 450 (5th Cir. 2006)* (unpublished).

District court sustained a search on Terry grounds, but it was really a lack of a reasonable expectation of privacy in a car defendant was ordered out of by the driver, and he left a gun behind, thereby abandoning it. United States v. Whitsett, 2006 U.S. App. LEXIS 30635 (7th Cir. December 12, 2006).*

Defendant was stopped at the permanent border checkpoint on I-25 about 20 miles north of Las Cruces NM. He was exceedingly nervous, and answered virtually every question put to him (at least as the opinion reflects) wrong. An informant had already told the FBI that the truck already had marijuana in it, and it was loaded with more in Las Cruces, and then would head to Chicago. It was thus being followed. At the checkpoint, a dog sniffed the trailer and alerted. A search revealed 1,000 kg of marijuana. Defense counsel filed an Anders brief on the search, and the issue was meritless. United States v. Mendivil, 208 Fed. Appx. 647 (10th Cir. 2006).*

In a forfeiture case, the officer had reasonable suspicion from defendant’s story about attending a funeral and driving a Los Angeles rented car back to Detroit to “enjoy the scenery” whereas the rental agreement said the car was to be left in LA. His demeanor was of extreme nervousness. The officer asked for consent and it was refused, but the use of the drug dog extended the stop two minutes at best. The dog alerted on money. United States v. $49,000.00 in United States Currency, 208 Fed. Appx. 647 (10th Cir. 2006)* (unpublished).