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Criminal Law

: Fourth Amendment

N.D.Miss.: 45 stop without RS unreasonable

By John Wesley Hall, Jr.

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In looking for drugs after a tag light was out, a 45 minute detention became unreasonable and was not connected to any articulable facts. United States v. Valle-Tellez, 2009 U.S. Dist. LEXIS 122995 (N.D. Miss. December 18, 2009).* Defendant was arrested when he showed up as an internet traveler for arranging sex with a minor over the Internet. There was probable cause to search his car. United States v. Deal, 2009 U.S. Dist. LEXIS 122874 (M.D. Fla. July 29, 2009)* [In my experience with these cases, there is evidence in the car at least 75% of the time.] The district court’s findings of consent are supported by the record. United States v. Ray, 2010 U.S. App. LEXIS 832, 2010 FED App. 0026N (6th Cir. January 14, 2010) (unpublished)...continue to full post

Full post as published by Fourth Amendment on January 16, 2010 (boomark / email).

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