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2-25-08 - The customs agents waited 16 hours and Montoya...

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2/25/08 Maryland v Wilson Facts Officer observed car speeding on I-95 and turned on lights car pulled over mile and a half later When they stopped the officer asked the passenger to get out of the car because he was appearing very nervous When the passenger got out he dropped some crack cocaine and was arrested Question Was the order to get out of the car reasonable? Yes Reason If the car was already stopped and for valid reasons it is reasonable to ask the driver and passenger to exit vehicle` just as a matter of precaution Extends the rule of Maryland v Mimms by making it reasonable to ask passenger to exit vehicle without a cause US v Montoya de Hernandez Facts Montoya arrived at Los Angeles International Airport from Colombia She arrived with $5000 in her pocket and claimed she was there to buy merchandise for her husband’s store but had no meetings with vendors and had no hotel reservations
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Unformatted text preview: The customs agents waited 16 hours and Montoya still did not go to the bathroom so they received a warrant for an x-ray and found 88 balloons full of cocaine and Montoya was arrested Question Is the 16 hour detention of a suspected “balloon swallower” a reasonable stop? • Yes Reason The risk is greater at the border and no reasonable suspicion is necessary to do a search They received reasonable suspicion after the long wait which warranted the x-ray Michigan v Sitz Facts Michigan state police set up a sobriety checkpoint program The average delay was only about 25 seconds out of 126 cars 2 were detained for sobriety testing and one was arrested Question Was the DWI roadblock an unreasonable seizure? • No Reason Because of the minimal time delay and the minimal intrusion it is considered reasonable...
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