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CA10: Stop produced arrest warrant, and that justified search of the car, no matter what

By John Wesley Hall, Jr.

Defendant was stopped for a traffic offense, and he was found to have an arrest warrant outstanding. He was arrested. The officer said that defendant had a baggie of drugs hanging out of his waistband, but defendant said it was hidden under his genitals and the search was too intensive. It didn’t matter because he was validly arrested, and it would have been found anyway. United States v. Derrick, 2011 U.S. App. LEXIS 2930 (10th Cir. February 14, 2011) (unpublished).* The officer had reasonable suspicion defendant’s truck had contraband, so the use of the dog was valid, and the search of the truck was valid at the least by inevitable discovery. United States v. Harrelson, 2010 U.S. Dist. LEXIS 141334 (M.D. Fla. December 27, 2010)...continue to full post

Full post as published by Fourth Amendment on February 18, 2011 (boomark / email).