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Criminal Law

: Fourth Amendment

W.D.N.Y.: Productive SW was RS for later stop of the defendant as a passenger in a car

By John Wesley Hall, Jr.

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Officers found drugs while executing a search warrant for defendant’s property, but defendant wasn’t there. He was seen shortly thereafter as a passenger in a car. The product of the search of his house was reasonable suspicion for his stop. United States v. Howard, 2010 U.S. Dist. LEXIS 93872 (W.D. N.Y. May 10, 2010).* Defendant was stopped on reasonable suspicion of DWI after a citizen informant called in that he and his companion were apparently under the influence and got into a car in a shopping center parking lot with an unsecured child inside and started to drive off. The make and model and location of the car were given. The officer saw the car right after that on the parking lot and made the stop. It was with reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on September 14, 2010 (boomark / email).

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