Border Patrol officer parked near intersection of I-25 and a side road at Las Cruces that often had vehicles carrying illegal aliens from Texas. Furtive movements and Texas paper plates on van led officer to pull it over, and there were indications that it was carrying drugs instead. Continued detention of the vehicle was reasonable. United States v. Cheromiah, 455 F.3d 1216 (10th Cir. August 2, 2006).*<\/p>\n
Three search warrants were issued against defendant’s property, and first case was dismissed. Omission of that fact did not make a Franks violation because abundant PC existed otherwise. United States v. Patterson, 173 Fed. Appx. 283 (4th Cir. March 31, 2006).*<\/p>\n
Classic furtive movements and hiding in dark justified stop. “Here, possibly armed, defendant posed a threat to officer safety while in the bushes. Thus, it was reasonable for the police officers to point guns at the defendant as they asked defendant to get out of the bushes. Given that defendant had already run and appeared to have a weapon, it was reasonable for the police to handcuff defendant. The detention, which was also of relatively short duration, did not rise to the level of an arrest.” United States v. Hoskins, 2006 U.S. Dist. LEXIS 52573 (N.D. Cal. July 31, 2006).*<\/p>\n
911 call of erratic driving gave vehicle make and license number. Officers went to the address listed and found the defendant sitting in the car in the driveway. The officer could ask to talk to the defendant when he smell alcohol on his breath. State v. Augustine, 851 N.E.2d 1022 (Ind. App. 3d Dist. August 1, 2006).<\/p>\n
Defendant’s wife who did not live with him but came by to take care of his animals conducted a private search when she took videotapes of defendant engaged in child porn from the premises. Bessey v. State, 199 S.W.3d 546 (Tex. App. \u2013 Texarkana August 2, 2006).* <\/p>\n","protected":false},"excerpt":{"rendered":"
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