Court Rules Nervousness Alone Can't Support Search
The 11th Circuit Court of Appeals has ruled that nervousness alone cannot support a vehicle search when police stop the car for a traffic violation. The court invalidated a consent to search that was obtained during the stop.
Noting that innocent people are frequently nervous when confronted by a law enforcement officer — a phenomenon Judge Rosemary Barkett said is shared by lawyers presenting cases to appellate judges — the court said more is necessary to change a traffic stop into a drug search.
The case has a fact pattern familiar to any lawyer who defends drug cases. The "crossed over the white line" offense.
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