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N.D.N.Y.: Stop was based on speeding, and motive was irrelevant; defendant was expected to be coming from Canada with marijuana

By John Wesley Hall, Jr.

Officers had word that defendant would be transporting marijuana from Quebec into Northern New York, and the saw him and stopped him for speeding. There was an objective basis for the stop, and it was valid. United States v. Shefler, 2009 U.S. Dist. LEXIS 2108 (N.D. N.Y. January 13, 2009).* Officer had reasonable suspicion for stop of defendant's case based on collective information, and the plain view after that was justified. United States v. Burk, 2009 U.S. Dist. LEXIS 2321 (E.D. Pa. January 13, 2009).* Testimony of officers was credited over defendant's affidavit and shows consent. United States v. Chisholm, 2008 U.S. Dist. LEXIS 106474 (E.D. N.Y. October 29, 2008).* Officer responding to a shooting call saw a vehicle. Questioning and a patdown produced nothing...continue to full post

Full post as published by Fourth Amendment on January 17, 2009 (boomark / email).