Holding on to a driver\u2019s license too long \u201cwhile unsettling, did not convert the interaction between Defendant and the officer into a seizure. [It is a significant factor.] Under the totality of the circumstances, the interaction remained consensual,\u201d and the motion to suppress is denied. United States v. Kincannon, 2013 U.S. Dist. LEXIS 154016 (S.D. W.Va. October 28, 2013).<\/p>\n
\u201cIn relation to stops by border patrol, the totality of circumstances may include: (1) characteristics of the area; (2) proximity to the border; (3) usual patterns of traffic and time of day; (4) previous alien or drug smuggling in the area; (5) behavior of the driver, including obvious attempts to evade officers; (6) appearance or behavior of passengers; (7) model and appearance of the vehicle; and, (8) officer experience.\u201d The totality showed reasonable suspicion.
\nUnited States v. Meinhardt, 2013 U.S. Dist. LEXIS 154251 (D. Ariz. September 13, 2013).*<\/p>\n
The officer described the child pornography that the officers expected to find with sufficient particularity to satisfy the Dost standard (United States v. Dost, 636 F. Supp. 828, 832 (S.D. Cal. 1986)). United States v. Downsbrough, 2013 U.S. Dist. LEXIS 154331 (E.D. Tenn. September 12, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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