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Criminal Law Keyed to Osler
United States v. McAtee
Citation:
538 Fed. Appx. 414 (5th Cir. 2013)Facts
Defendant was driving a rental car through a border patrol checkpoint in Texas between midnight and 3AM. He had rented the car from Dollar-Rent-A-Car around 8PM the night before and was in control of the car for less than a day. At the checkpoint, he stated that he was a US Citizen traveling to visit family. A canine handler walked around while the defendant was answer questions at the checkpoint, and the dog alerted the presence of drugs. Defendant agreed to a search of the car. He was not nervous and cooperated. When the defendant stepped outside the car, an officer was a red opaque bag in plain view on the driver’s side seat. The bag was not under the seat, but between the seat and the pedals. It appeared to have crystal meth inside of it, so the defendant was arrested. There was also multiple personal items of the defendant in the car, including a duffle bag, hearing aid batteries, clothing, blankets, and an empty aquarium. A drug test showed that there was methamphetamine inside the bag and the the defendant was charged with simple possession.
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