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CA8: Hand gestures can manifest consent

By John Wesley Hall, Jr.

The evidence justified the district court's conclusion that defendant consented to a search as shown by his hand gestures. United States v. Patterson, 2008 U.S. App. LEXIS 20803 (8th Cir. September 23, 2008) (unpublished).* Maps of border towns on the front seat inconsistent with defendant's travel plans, coupled with everything else, was reasonable suspicion. United States v. Sierra, 2008 U.S. App. LEXIS 20795 (5th Cir. September 30, 2008) (unpublished) ("We agree that the presence of maps of popular drug trafficking border towns not included in a driver's expressed itinerary coupled with nervousness creates reasonable suspicion of criminal activity. Accordingly, based on the collective knowledge of Deputy Womack and TFA Newman, we conclude that there was reasonable suspicion to continue Sierra's detention and that Sierra's Fourth Amendment rights were not violated...continue to full post

Full post as published by Fourth Amendment on October 04, 2008 (boomark / email).