NC: Claim that officer sensed nervousness in driver while driving next to him was rejected

Stop was without justification; how could officer tell occupants of a car were nervous along side of them? This is no more than an “unparticularized suspicion or hunch.” State v. Canty, __ N.C. App. __, 736 S.E.2d 532 (2012).*

Based on the testimony at the suppression hearing, a handyman had been given apparent authority to consent to an entry so that the police could enter on a knock-and-talk. Defendant then consented to a search. Briggs v. State, 2012 Ark. App. 692, 2012 Ark. App. LEXIS 812 (December 12, 2012).*

The officer stopping defendant’s car saw marijuana seeds and stems and a cut open cigar. He asked if there was more and it was produced. This was probable cause for a more intensive search under the automobile exception. State v. Carmichael, 2012 Ohio 5923, 2012 Ohio App. LEXIS 5103 (9th Dist. December 17, 2012).*

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