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MO: PC to believe defendant was involved in an armed robbery permitted SI under Gant

By John Wesley Hall, Jr.

Defendant was stopped for being involved in an armed robbery. When he got out of the car, he had wads of cash in both hands and fled. The officers had a basis for a search incident or a search under the automobile exception. State v. Richardson, 2010 Mo. App. LEXIS 789 (June 14, 2010).* The record supports the district court’s conclusion that the defendant consented to a search after a knock-and-talk. He consented first to an entry at the officer’s suggestion so they would not be discussing the matter in the hallway outside. United States v. Lewis, 2010 U.S. App. LEXIS 12080 (7th Cir. June 14, 2010).* During a probation officer’s “home visit” of defendant’s place, a person with apparent authority consented to a search, and it was reasonble for the officers to rely on it...continue to full post

Full post as published by Fourth Amendment on June 17, 2010 (boomark / email).