Moderators Gregory Matthews Posted July 15, 2015 Moderators Posted July 15, 2015 (edited) The following is taken from an article in THE DENVER POST today and TV news reports yesterday and today: Jonathan Potzler telephoned the Ft. Morgan (Colorado) police to request their help in removing a woman who he said was sitting in a 2015 Nissan Versa, and refused to leave the car. He identified himself as being in the parking lot of a Walmart in Arizona. This interested the police as their data indicated that he was in a Walmart parking lot located in Ft. Morgan. In responding to the call for help, the police located the car and it did have a female in it who identified herself as being a relative of Jonathan! At that point, the police instituted a search of the vehicle and its contents. Inside the luggage the police found some $700,000 worth of crystal meth! Both persons are now in jail. Edited July 15, 2015 by Gregory Matthews Quote Gregory
Ted Posted July 15, 2015 Posted July 15, 2015 What was the basis of the search? Chances are it'll be thrown out of court if it wasn't a consent search. The trunk is off-limits for a search, unless it's a consent search. There doesn't appear to be an arrest to justify a Search Incident to Arrest (SIA) or exigent circumstances. Consent = "May I search your vehicle" and you've given away the protection of the Fourth Amendment. Quote GnuPG/PGP key: 0xB07F9AAE
Outta Here Posted July 15, 2015 Posted July 15, 2015 According to the Fort Morgan Times: "When police responded to the call at 1:43 p.m. Saturday in the Wal-Mart parking lot in Fort Morgan, they both found Potzler and Elguezabal with evidence of methamphetimine at the scene. So they arrested the pair and got a search warrant for the rental 2015 Nissan Versa they were driving, according to the city." Quote
Moderators Gregory Matthews Posted July 15, 2015 Author Moderators Posted July 15, 2015 Yes. Those police were not going to blow the case by a judicial finding of an illegal search. Quote Gregory
Members phkrause Posted July 15, 2015 Members Posted July 15, 2015 Obviously not very intelligent!! Quote phkrause When the righteous are in authority, the people rejoice; But when a wicked man rules, the people groan. Proverbs 29;2
Moderators Gerr Posted July 16, 2015 Moderators Posted July 16, 2015 Many criminals are probably mentally challenged, but some are pretty smart, e.g. - Ted Kaczinsky (sp) or El Chapo. Quote
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