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WI: Trial court erred in not considering automobile exception alternative for search

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While the trial court expressly didn’t believe the officer that he could smell marijuana and suppressed, there was other evidence of marijuana in the passenger compartment of the car that supported a search under the automobile exception. State v. Jackson, 2013 Wisc. App. LEXIS 304 (April 9, 2013).* Officers did a knock-and-talk to investigate a photograph of an alien in possession of a firearm under 18 U.S.C. § 922(g)(5), and it was initially consensual. Because one person locked the door and there was concern of an assault rifle inside, officers could position themselves for safety purposes without making the knock-and-talk become coercive. United States v. Lara-Mondragon, 2013 U.S. App. LEXIS 7129 (11th Cir. April 9, 2013).* The stop was for speeding. “Defendants point specifically to Sergeant Soles' direction to Deputy Russell to ‘see if you can get a violation on your own, and if not we'll use one of mine.’ (Gov't Ex. 2 (Video from Sergeant Soles' Patrol Car), 1:15.)” The officer with the speeding stop is credited. Reasonable suspicion then developed. United States v. Williams, 2013 U.S. Dist. LEXIS 50782 (M.D. N.C. April 9, 2013).*

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