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E.D. Ark.: Private search at officer's request by person caring for defendant's dogs was unlawful

By John Wesley Hall, Jr.

Private search of defendant's detached garage at officer's request was an illegal search, and the defendant's motion was granted to that extent. The private searcher was caring for defendant's dogs when he was out of town. United States v. Hooks, 2009 U.S. Dist. LEXIS 44943 (E.D. Ark. May 29, 2009).* The traffic stop was not unduly prolonged: "the detention itself was initially prolonged as a result of the driver not possessing a driver's license or other identification, a language barrier necessitating Trooper Esqueda's presence, and the need to clarify ownership of the vehicle and resolve any discrepancies between the registration papers and the proof of insurance." United States v. Felix, 2009 U.S. Dist. LEXIS 44970 (N.D. Tex. May 22, 2009)...continue to full post

Full post as published by Fourth Amendment on June 02, 2009 (boomark / email).