U.S. v. Digiovanni

3 Analyses of this case by attorneys

  1. SC: CoA missapplied std of review by reweighing facts; warns that “nervousness” isn’t a blank check

    Law Offices of John Wesley HallJohn Wesley HallJanuary 29, 2016

    This unusual itinerary, coupled with the large sum of cash, and other factors, support the trial court’s finding of reasonable suspicion. See United States v. Digiovanni, 650 F.3d 498, 513 (4th Cir. 2011) (noting an unusual travel itinerary, “coupled with other compelling suspicious behavior,” supports a finding of reasonable suspicion); cf. United States v. Brugal, 209 F.3d 353, 361 (4th Cir. 2000) (“[A] reasonable officer could conclude that few innocent travelers from New York City are traveling northbound on Interstate 95 in South Carolina at 3:30 a.m. in a vehicle rented in Miami fourteen hours earlier.”).

  2. Search and Seizure - Highway Stops

    Garland, Samuel & Loeb, P.C.Don SamuelSeptember 1, 2015

    The defendant’s consent to search the vehicle was the product of the illegal detention.United States v. Digiovanni, 650 F.3d 498 (4th Cir. 2011)The defendant was pulled over based on a traffic violation. Yet, the police spent the first fifteen minutes of the stop talking about drugs and the defendant’s itinerary and did nothing to pursue the typical traffic violation procedures.

  3. Search and Seizure - Terry Stop – Prolonged Duration, or Improper Nature, of Seizure

    Garland, Samuel & Loeb, P.C.Don SamuelSeptember 1, 2015

    The resulting frisk was the product of this illegal detention.United States v. Digiovanni, 650 F.3d 498 (4th Cir. 2011)The defendant was pulled over based on a traffic violation. Yet, the police spent the first fifteen minutes of the stop talking about drugs and the defendant’s itinerary and did nothing to pursue the typical traffic violation procedures.