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LA2: Arrest for failure to pay child support and FTA with knowledge of usual gun supported search incident

By John Wesley Hall, Jr.

Defendant was sought out by officers for a warrant for failure to pay child support and failure to appear. They found him by his 18 wheeler, and they knew he usually carried a gun. That justified a search of the truck under Gant, which the court would not apply under the good faith exception if it couldn’t. State v. Brown, 2010 La. App. LEXIS 942 (2d Cir. June 23, 2010).* Officers encountered defendant parked in a high crime area, and talked to him. They had no reasonable suspicion of any crime. When the asked for his driver’s license, they turned what would have been a consensual encounter into a seizure without reasonable suspicion. State v. Jones, 2010 Ohio 2854, 2010 Ohio App. LEXIS 2358 (10th Dist. June 22, 2010).* The officer did not stop the defendant...continue to full post

Full post as published by Fourth Amendment on June 25, 2010 (boomark / email).