{"id":523,"date":"2007-03-13T08:54:17","date_gmt":"2006-10-27T22:16:11","guid":{"rendered":""},"modified":"2017-09-17T13:42:05","modified_gmt":"2017-09-17T18:42:05","slug":"en-us-131","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=523","title":{"rendered":"Officer failed to articulate any reason for vehicle frisk under Michigan v. Long"},"content":{"rendered":"

On reconsideration, motion to suppress is granted. The officer lacked justification for the stop, and, once the vehicle was stopped, there was no justification for a vehicle frisk under Michigan v. Long<\/em>. United States v. Herrera, 2006 U.S. Dist. LEXIS 77089 (N.D. Cal. October 13, 2006):<\/p>\n

In the case at bar, the evidence is similarly deficient. There is no evidence that Mr. Herrera exhibited any signs of drug use, behaved in a manner suggestive of drug use, or was nervous or evasive. Nor was there evidence that this particular location was a known drug spot. The only evidence supporting a likelihood that contraband would be found was that Mr. Herrera appeared to be illegally parked in a handicap space late in the evening in the Presidio, made some movement towards the center console upon Officer Campbell’s approach, and had white residue on his pants. While this evidence suffices to establish reasonable suspicion, it does not establish a “fair probability that contraband or evidence of a crime will be found” necessary to constitute probable cause.<\/p><\/blockquote>\n

Console of truck was within defendant’s reach at time of arrest for purposes of search incident. United States v. Lopez, 2006 U.S. Dist. LEXIS 77469 (D. Minn. September 11, 2006).*<\/p>\n

Vehicle stop was not unduly prolonged to conduct a dog sniff. Defendant refused consent, and the officer was running his name through the state computer system and ran a dog around the car while waiting. The detention was not unreasonable. United States v. Kennedy, 2006 U.S. Dist. LEXIS 77571 (S.D. Ga. September 20, 2006).*<\/p>\n

Videotape showed that defendant\u2019s consent was valid and equivocal. United States v. Simmons, 202 Fed. Appx. 82 (6th Cir. October 24, 2006)* (unpublished).<\/p>\n

Officers approached a car outside a known drug house for suspicious activities, and they asked the driver to open a hand he had balled into a fist. The driver opened his hand and out fell a baggie of crack. Furtive movements in the car were reasonable suspicion. United States v. Davis, 2006 U.S. Dist. LEXIS 77576 (N.D. Ohio October 25, 2006).*<\/p>\n

The use of an electronic tracking device on a vehicle in a public place was not prohibited by the Fourth Amendment. United States v. Kurt, 2006 U.S. Dist. LEXIS 77385 (E.D. Wash. October 24, 2006).*<\/p>\n

Search warrant for premises for gambling proceeds led to a request for consent to search defendant for cash, and consent was voluntary. United States v. Mihalich, 2006 U.S. Dist. LEXIS 77304 (N.D. Ohio October 23, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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