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W.D.N.C.: Gant did not change Long vehicle frisks on RS

By John Wesley Hall, Jr.

Under the facts and circumstances here, a frisk of the vehicle for a possible weapon was permissible under Long. Gant did not change Long. United States v. Lewis, 2010 U.S. Dist. LEXIS 63716 (W.D. N.C. March 24, 2010).* Defense counsel was not ineffective for not forecasting Gant. Torres v. United States, 2010 U.S. Dist. LEXIS 63457 (W.D. N.C. June 5, 2010).* Officers had a search warrant for defendant’s house, and they entered with guns drawn. A vehicle outside was not listed in the search warrant as a place to be searched. “After the tense initial sweep of the residence, the testimony of Special Agent Price, Special Agent Hooker, Lathey, and Defendant all indicate that the atmosphere was relaxed. It was during this time, with Defendant and Lathey sitting on their couch engaging in small talk with the officers, that Special Agent Price requested consent to search the vehicle...continue to full post

Full post as published by Fourth Amendment on June 30, 2010 (boomark / email).