Recent 4th Amendment Search and Seizure Decisions

Posted on: August 23rd, 2010  |  No Comments

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  • United States v. Alexander (unpublished)
    (4th Cir. August 17, 2010)
    2010 U.S. App. LEXIS 17293; 2010 WL 3245802
    Consent was found voluntary because defendant was arrested by plain clothes officers who did not pull any weapons, he knew some of them, he was cooperative, and he was told of his right to refuse.
  • United States v. Whitney (unpublished)
    (4th Cir. August 17, 2010)
    2010 U.S. App. LEXIS 17300; 2010 WL 3245803
    The officer did not unreasonably prolong the stop. Defendant consented to a search of his person producing $3,000 in cash and he was nervous. That was reasonable suspicion for calling in a drug dog.
  • United States v. Verdugo
    (1st Cir. August 19, 2010)
    2010 U.S. App. LEXIS 17281; 2010 WL 3260805
    Based on multiple intercepted telephone calls, the officers had probable cause to search defendant’s vehicle when he was found.
  • United States v. Ortega
    (E.D. Pa. July 22, 2010)
    2010 U.S. Dist. LEXIS 85154; 2010 WL 2925724
    The smell of marijuana, which the court credits, was not only reasonable suspicion, it is probable cause.
  • United States v. Lish
    (D. Idaho August 12, 2010)
    2010 U.S. Dist. LEXIS 85138; 2010 WL 3211084
    The officer here developed information from a CI which was corroborated and rose to the level of probable cause. The officer called in the defendant’s probation officer for the search.

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