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CA8: Officer's questions before consent essentially defined scope of consent

By John Wesley Hall, Jr.

Probable cause was found: “The magistrate judge identified several ‘suspicious circumstances’ giving the troopers probable cause to believe drug contraband would be found in the minivan: (1) Braiske’s signs of nervousness, including shaking hands, labored breathing, a visible pulse in his neck, and the development of red blotches on his face; (2) Mayo’s extreme nervousness, including heavy breathing, sweating, a visible pulse in his neck, and avoidance of eye contact; (3) Braiske and Mayo’s contradictory statements about their travel history; (4) Braiske’s significant criminal history of drug related offenses; and (5) trooper Andrews’s discovery of two bindles consistent with drug packaging in plain view...continue to full post

Full post as published by Fourth Amendment on December 18, 2010 (boomark / email).