· 7/20/2004
United States v. Derrick L. Foster
Citations
- 376 F.3d 577
- 65 Fed. R. Serv. 1
- 2004 U.S. App. LEXIS 15267
- 2004 WL 1606725
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- deciding that handcuffing a suspect during a traffic stop was reasonable given the potential threat to the investigating officer’s safety
- holding that pat-down did not end the officer’s reasonable suspicion of the defendant, and that to have sent him on his way, without brief further questioning, would have been unreasonable, inept police work
- holding that “when the officers detected the smell of marijuana coming from Foster’s vehicle, this provided them with probable cause to search the vehicle without a search warrant” which “therefore turned a lawful Terry stop into a lawful search”
- explaining that officers had probable cause for a warrantless search when they smelled marijuana coming from the vehicle
- stating that Rule 613(b) impeachment is permissible “even when the impeaching material involves ‘other acts’ of the defendant”
- observing that a police officer is free to ask a person for identification without implicating the Fourth Amendment
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Moore, Friedman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.