\u201cHere, the facts known to Broussard at the time of the search\u2014Dyson’s prior arrest for the illegal possession of a firearm and drugs, and the smell of marijuana emanating from the vehicle during the present stop\u2014support a Terry pat-down search under Supreme Court and Fifth Circuit precedent. [Officer] Broussard’s testimony about his subjective assessment of the danger posed by Dyson does not eliminate the basis for a valid search.\u201d United States v. Xzavier, 2021 U.S. Dist. LEXIS 243638 (W.D.La. Dec. 20, 2021).*<\/p>\n\n\n\n
A detailed 911 call about a fresh crime can provide probable cause to search a vehicle, as this one did. United States v. Duplessis, 2021 U.S. Dist. LEXIS 244715 (E.D.Mich. Dec. 22, 2021).*<\/p>\n\n\n\n
Defendant\u2019s suppression motion was denied pretrial based on the good faith exception. He can\u2019t relitigate it in a 2255. Lickers v. United States, 2021 U.S. Dist. LEXIS 244871 (C.D.Ill. Dec. 23, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cHere, the facts known to Broussard at the time of the search\u2014Dyson’s prior arrest for the illegal possession of a firearm and drugs, and the smell of marijuana emanating from the vehicle during the present stop\u2014support a Terry pat-down search … Continue reading