Wisconsin holds that, “in kidnapping cases, the emergency doctrine permits a search not only for the kidnap victim, but also for evidence that might lead to the victim’s location.” The searches here were lawful. State v. Larsen, 2007 WI App 147, 302 Wis. 2d 718, 736 N.W.2d 211 (2007).
Game wardens were investigating illegal use of ATVs on state protected lands and came upon the defendants. The defendants were armed and the officers asked about other weapons, and the defendants validly consented to a search of their trucks that revealed drug paraphernalia. One defendant actually assisted in the search of his vehicle, and that indicated voluntariness. State v. Hartwig, 2007 WI App 160, 302 Wis. 2d 678, 735 N.W.2d 597 (2007).
Traffic stop in a “criminal hot spot” that led to seeing a gun justified a search of the car. United States v. Kimber, 2007 U.S. Dist. LEXIS 31978 (S.D. Ohio May 1, 2007).*
Defendant passenger had standing to challenge the stop of the vehicle he was riding in [the issue pending in Brendlin v. California, argued April 23d]. The use of a drug dog while waiting for the computer check to come back was reasonable. United States v. Garcia-Medina, 2007 U.S. Dist. LEXIS 32073 (D. Kan. April 30, 2007).*
Defendant was a cashier at a National Park store and she was arrested without a warrant after computer surveillance of her making sales but pocketing the money. She was charged with theft and felony conspiracy. Due to a family emergency, the Park Magistrate was unavailable for 28 hours, so she was late being presented to a magistrate. This was not a deliberate or egregious delay justifying dismissal of the charges. United States v. Guthrie, 2007 U.S. Dist. LEXIS 32329 (E.D. Cal. April 18, 2007).
Defendant abandoned property for expectation of privacy purposes by leaving it on a telephone pole when police approached. It was in a public place and away from his person. The burden of proof is not beyond all doubt. People v. Henry, 477 Mich. 1123, 730 N.W.2d 248 (2007).*
Similarly, in a Texas case, defendant saw a police car approach and he obviously threw something into a car that was not his. When the officer approached the defendant, he was excessively nervous, and the officer’s reaching into the car and opening the package was not unreasonable because there was no evidence that would render defendant’s claim of privacy objectively reasonable. Jimenez v. State, 2006 Tex. App. LEXIS 11278 (Tex App. — San Antonio September 27, 2006, released for publication April 13, 2007).*
Defendant’s close proximity to where drugs were found during a search was a factor in determining constructive possession. Reynosa v. State, 2006 Tex. App. LEXIS 8941 (Tex. App. — San Antonio October 18, 2006, released for publication April 23, 2007).*
