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GA: Where consent was sought and given immediately during stop, the stop was not prolonged by that

By John Wesley Hall, Jr.

The request for consent during this traffic stop came as soon as the officer asked the defendant’s out of the car, so the request for consent did not prolong the stop. Conceding that the passenger has the ability to indirectly challenge the search of the car if the stop is unlawful, this stop wasn’t. Baker v. State, 2010 Ga. App. LEXIS 871 (September 16, 2010).* Defendant was riding in a truck that stopped at a truck stop. Defendant was inside when the truck was searched in the parking lot. As a mere passenger, defendant did not show any standing in the truck searched two hours earlier. State v. Redding, 2010 Ohio 4286, 2010 Ohio App. LEXIS 3633 (9th Dist. September 13, 2010).* Defendant’s search incident of his car violated Gant, and there is no good faith exception to warrantless searches in Washington, again, following State v...continue to full post

Full post as published by Fourth Amendment on September 19, 2010 (boomark / email).