Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Defendant's lie to officers at time of his arrest used against him on consent issue

By John Wesley Hall, Jr.

Court chooses not believe the defendant's version. Officers' testimony was consistent, but defendant lied to the officers going in to this case, and that affects his credibility with the court. United States v. Govan, 2008 U.S. Dist. LEXIS 97442 (N.D. Ind. December 1, 2008).* Detention was based on PC and not unreasonably extended. United States v. Dixie, 2008 U.S. Dist. LEXIS 97567 (N.D. Ind. December 1, 2008): Asking the Defendant to exit the truck did not turn the reasonable detention into an unreasonable one. In fact, a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle. Pennsylvania v. Mimms, 434 U.S. 106, 98 S. Ct. 330, 54 L. Ed. 2d 331 (1977). Additionally, the fact that Officer Nicklow's inquiry about weapons was unrelated to the purpose of the stop does not, by itself, render the detention unreasonable.continue to full post

Full post as published by Fourth Amendment on December 05, 2008 (boomark / email).