{"id":7481,"date":"2012-08-25T12:35:21","date_gmt":"2012-07-25T10:54:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-25T10:54:31","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7481","title":{"rendered":"CA8: RS not needed for driver if there is for passengers"},"content":{"rendered":"

The fact there was no specific reasonable suspicion as to the driver didn\u2019t matter if there was as to co-conspirators in the car. United States v. Zamora-Lopez<\/a>, 685 F.3d 787 (8th Cir. 2012):<\/p>\n

Zamora-Lopez argues the deputies lacked reasonable suspicion that the unknown driver of the Jeep was involved in Memo’s narcotics trafficking operations. This argument relies on a too-narrow conception of reasonable suspicion and fails to consider the totality of the information available to the deputies. See Stewart, 631 F.3d at 457. The supplier earlier described to law enforcement a very specific pattern of long-standing conduct that nearly always involved three people\u2014the supplier, Memo, and an unknown driver. Memo and his driver sometimes arrived in a silver SUV. Memo’s driver frequently stayed in the area to pick up Memo following the drug transaction. The deputies’ surveillance observations during the controlled buy confirmed the supplier’s account in virtually every detail. Cf. Illinois v. Gates, 462 U.S. 213, 241-46, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983) (concluding probable cause existed to issue a search warrant where an anonymous informant’s tip was corroborated by law enforcement officers’ independent investigations).<\/p>\n

The deputies believed Memo was an experienced and high-volume drug trafficker. Such an individual might be expected to rely on trusted confederates to drive him to and from his drug transactions. While Memo might have used unknown and innocent drivers, it was reasonable for the deputies to suspect the unidentified driver was knowingly involved in Memo’s drug trafficking activities. Thus, Zamora-Lopez’s Fourth Amendment rights were not violated, and the district court’s admission of the evidence resulting from the traffic stop was proper.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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