{"id":1358,"date":"2008-04-18T08:36:51","date_gmt":"2007-09-15T11:51:53","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-15T11:51:53","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1358","title":{"rendered":"Reasonable suspicion can be based on public intoxication"},"content":{"rendered":"

Reasonable suspicion can be based on public intoxication. A patdown became justified. United States v. Salter<\/a>, 255 Fed. Appx. 355 (11th Cir. 2007)* (unpublished).<\/p>\n

Helicopter flyover saw several marijuana plants in open fields around defendant’s property, and that supported a search warrant. United States v. Nichols<\/a>, 248 Fed. Appx. 105 (11th Cir. 2007)* (unpublished).<\/p>\n

Officer’s testimony credited that he had probable cause to believe that defendant’s window tinting was too dark under state law. The officer asked for consent and got it. United States v. Russo, 2007 U.S. Dist. LEXIS 67678 (S.D. Fla. September 13, 2007):<\/p>\n

Here, the defendant argues that Trooper Volk’s question, “You don’t have a problem if I search, do you?” was somehow more coercive than a straightforward request for permission to search. The undersigned does not believe that the form of the question was coercive in any way. Moreover, it was clear from the DVD that the trooper was polite and the defendant immediately agreed to the search and signed the consent to form.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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