Passenger lacked standing to challenge search. Court adds, apparently without thinking, that the passenger also could not challenge the stop, something obviously wrong, but the opinion is unpublished. United States v. Johnson, 192 Fed. Appx. 935 (11th Cir. August 14, 2006) (unpublished).<\/p>\n
In the Tenth Circuit, the defendant at sentencing is entitled to notice that special search conditions are being considered where the conditions do not relate to the crime of conviction, so the case is remanded for a hearing. United States v. Bruce, 458 F.3d 1157 (10th Cir. August 15, 2006), relying on United States v. Bartsma, 198 F.3d 1191, 1197-1201 n. 7 (10th Cir. 1999).<\/p>\n
Encounter on a Greyhound bus during a rest stop was consensual. Officer was in plain clothes, displayed no weapon, and returned the ticket during the questioning. The case was indistinguishable from other authority in the Circuit. The record supported the District Court’s finding of consent. United States v. West, 373 U.S. App. D.C. 18, 458 F.3d 1 (2006) (defense counsel suffered the indignity of having it pointed out that the one case that supported his position had been reversed by that court).<\/p>\n","protected":false},"excerpt":{"rendered":"
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