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22 Mar 2007, 7:48 am
See McClendon, 350 N.C. at 637, 517 S.E.2d at 133 (initial confusion as to owner of the vehicle, extreme nervousness, refusal to make eye contact and other circumstances supported reasonable suspicion); see also Hernandez, 170 N.C. [read post]
16 Sep 2007, 7:12 am
Hernandez, 313 F.3d 1206 (9th Cir. 2002), and a privacy interest in the contents, but not the exterior, of the package, United States v. [read post]
9 Oct 2008, 10:40 am
August 7, 2008): Under the principles of Chimel, as applied in Blue and Hernandez, the search in this case can be sustained only if the evidence permits a finding that there was some risk the defendant could reach into the area where the gun was located after he was taken away in handcuffs by Officer Barry. [read post]
30 May 2010, 3:02 pm
Montoya de Hernandez, 473 U.S. at 539, 105 S.Ct. at 3309-10; see also United States v. [read post]
28 Jan 2012, 9:15 pm
Hernandez, 418 F.3d 1206, 1212 n.7 (11th Cir. 2005) (stating that "[o]f trifles the law does not concern itself: De minimis non curat lex"); United States v. [read post]
10 Jun 2011, 5:45 am
See id. at 383 (finding that a magistrate need only find a clear indication of body cavity smuggling to support a border x-ray warrant); see also Camacho, 368 F.3d at 1186 n.1 (citing Montoya de Hernandez, 473 U.S. at 540-41) (recognizing the Supreme Court's disapproval of the clear indication standard and adopting the reasonable suspicion standard for nonroutine border searches). [read post]