One defendant\u2019s cell phone could be seized and searched under his parole search condition, and the other defendants had no standing in his cell phone. United States v. Delvalle, 2012 U.S. Dist. LEXIS 38547 (C.D. Cal. March 20, 2012).*<\/p>\n
There was no reasonable suspicion to extend the stop in this case, and that unlawful detention led to an invalid consent. State v. Wendler<\/a>, 47 Kan. App. 2d 182, 274 P.3d 30 (2012)*:<\/p>\n We conclude that under the totality of the circumstances, the duration of the traffic stop was measurably extended after the purpose of the traffic stop\u2014to investigate Wendler’s commission of a traffic violation\u2014was concluded. Moreover, during the investigation into the traffic violation, the officer did not gain reasonable suspicion of illegal drug activity necessary to lawfully extend the scope and duration of the detention. Finally, we conclude the unlawful detention of Wendler infected or tainted his consent to answer questions and to search the RV. Accordingly, we affirm the ruling of the district court suppressing the marijuana seized from the RV and the dismissal of charges against Wendler.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading