{"id":6629,"date":"2012-06-10T19:59:35","date_gmt":"2012-02-04T09:23:56","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-04T09:23:56","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6629","title":{"rendered":"CA5: Being told to follow the police officer to a drug dog is not consent when defendant was under police control"},"content":{"rendered":"<p>After defendant was stopped, the officer told dispatch he was going to have to follow him to a checkpoint for a dog sniff. The district court erred in finding consent. The officer made it clear to the dispatcher, in defendant&#8217;s presence, that he planned to take defendant to the checkpoint \u201cto run the dog on him,\u201d the officer obtained defendant\u2019s verbal consent to follow him to the checkpoint while he was in the police cruiser, defendant was in the cruiser at the officer\u2019s direction and each time he exited the cruiser, he obtained the officer\u2019s permission, and the officer never advised defendant he was free to go or decline his invitation to follow him to the checkpoint. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions%5Cunpub%5C10\/10-41099.0.wpd.pdf\">United States v. Zavala<\/a>, 459 Fed. Appx. 429 (5th Cir. 2012) (unpublished).*<\/p>\n<p>Defendant\u2019s stop for a seatbelt violation was valid and with probable cause. His admissions thereafter were valid. U<a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/074993.U.pdf\">nited States v. Adams<\/a>, 2012 U.S. App. LEXIS 1781 (4th Cir. January 25, 2012) (unpublished).*<\/p>\n<p>Defendant\u2019s search claim was decided in the criminal case, so it couldn\u2019t be brought up in the \u00a7 2255. United States v. Williams,  2012 U.S. Dist. LEXIS 12593 (D. Ore. February 1, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6629\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6629","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6629","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6629"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6629\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6629"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6629"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6629"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}