United States v. Wise

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The Fifth Circuit reversed the district court's grant of defendant's motion to suppress evidence that officers found in his pockets. The court held that the police did not establish an unconstitutional checkpoint by stopping a Greyhound bus where the police did not require the bus driver to stop at the station; the driver made the scheduled stop as required by his employer; the police only approached the driver after he had disembarked from the bus; the police did not order him to interact with them; after the police approached him, the driver could have declined to speak with the police; and the police in no way restrained the driver. The court also held that defendant lacked standing to challenge whether the bus driver voluntarily consented to the search. In this case, defendant voluntarily consented to answering the officers' questions and to the search of his luggage, and the officers did not perform an unconditional Terry pat down. View "United States v. Wise" on Justia Law