Driver unauthorized by the car rental company but authorized by the renter had sufficient standing to challenge a search of the car. Stop was objectively reasonable by defendants not contesting that the car was speeding. The police had been investigating them for a long time and checking into numerous rentals where they went to NYC to obtain heroin and bring it back to Detroit. A GPS was lawful placed on the rental car before the rental, and that indicated that the car had been to NYC which did not match the story given at the time of the stop. Finally, sound recording by the patrol cars video camera while the defendants were in back of the police car were not unconstitutional. United States v. Holloway, 2006 U.S. Dist. LEXIS 74790 (E.D. Mich. October 16, 2006).<\/p>\n
Dispatcher’s broadcast the plaintiff was “wanted” in connection with a crime was justification for arrest, even when it turned out there was no warrant and the plaintiff was released within 30 minutes. Cook v. Ottawa County Bd. Of County Comm’rs, 2006 U.S. Dist. LEXIS 74812 (N.D. Okla. October 13, 2006).<\/p>\n
McDonald’s manager who gave specific information about an apparent crime on the premises (drug sale in the bathroom) which he saw part of gave police justification to stop the defendant. That, coupled with defendant’s completely uncooperative attitude and far fetched story about what he was doing in the bathroom besides the usual was PC for arrest. United States v. Brame, 2006 U.S. Dist. LEXIS 74779 (D. Me. October 12, 2006).<\/p>\n
No suppression motion was filed and no findings made, and court declines to decide search issue based on the trial record. It was waived. State v. Farr, 98 Conn. App. 93, 908 A.2d 556 (October 17, 2006).<\/p>\n
State’s assertion that the defendant was free to go was belied by the fact he was handcuffed at the time consent was obtained. State v. Mackey, 2006 Ohio 5407, 2006 Ohio App. LEXIS 5400 (5th Dist. October 16, 2006).<\/p>\n","protected":false},"excerpt":{"rendered":"
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