{"id":6874,"date":"2012-06-23T10:59:36","date_gmt":"2012-03-24T14:26:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-24T14:26:30","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6874","title":{"rendered":"CA11: Truck was illegally entered, but it was inevitable discovery here"},"content":{"rendered":"<p>A commercial vehicle safety stop was valid, and defendant\u2019s lack of knowledge about his load, where he got it, and exactly where he was going was reasonable suspicion to detain him for a dog sniff. The USMJ concluded that the trailer was unlawfully searched but a drug dog alert after that was inevitable discovery because that was probable cause. <a href=\"http:\/\/www.ca11.uscourts.gov\/unpub\/ops\/201110675.pdf\">United States v. Rendon<\/a>, 462 Fed. Appx. 923 (11th Cir. 2012).*<\/p>\n<p>The testimony of consent was conflicting, but the credibility determination of the trial court is binding on appeal. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/9\/2012\/2012-ohio-1174.pdf\">State v. Reglus<\/a>, 2012 Ohio 1174, 2012 Ohio App. LEXIS 1033 (9th Dist. March 21, 2012)* (sustaining consent); State v. Durden, <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2012\/2012-ohio-1194.pdf\">2012 Ohio 1194<\/a>, 2012 Ohio App. LEXIS 1048 (8th Dist. March 22, 2012) (finding consent involuntary).<\/p>\n<p>The trial court concluded that the officer\u2019s car blocked defendant\u2019s car and was a stop, but it was with reasonable suspicion. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2012\/2012-ohio-1211.pdf\">State v. Spradlin<\/a>, 2012 Ohio 1211, 2012 Ohio App. LEXIS 1071 (5th Dist. March 12, 2012).* <\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6874\">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-6874","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6874","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=6874"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6874\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6874"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6874"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6874"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}