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UT: While arrest for no insurance violated state law, it was valid under the Fourth Amendment; SI of person valid

By John Wesley Hall, Jr.

Defendant was arrested for driving without insurance, and the arrest violated state law because it was not in the “presence” of the officer. The arrest was valid under the Fourth Amendment, however, under Virginia v. Moore. The search incident of defendant’s person was valid. State v. Harker, 2010 UT 56, 2010 Utah LEXIS 154 (September 28, 2010).* Reasonable suspicion found for a dog sniff where defendant had an Arizona driver’s license but the vehicle bore Iowa plates, where: the truck was registered to a third party, neither defendant nor his passenger knew the owner’s name despite being in the middle of an extended journey from Arizona to an unknown location in Iowa, neither could identify their destination other than “Iowa,” defendant never provided evidence that he was authorized to drive the car, and defendant did not know the last name of his passenger...continue to full post

Full post as published by Fourth Amendment on October 05, 2010 (boomark / email).