Failure to call officer who conducted frisk was a failure of proof

Officer who did not conduct defendant’s patdown did not testify at the suppression hearing, so the state failed in its burden of proof in showing it was justified. Commonwealth v. Thompson, 2007 PA Super 372, 939 A.2d 371 (2007).

Defendant was stopped for a traffic offense, and he put his car in reverse to try to get away. That, coupled with furtive movements, was reasonable suspicion for more. United States v. Thornton, 2007 U.S. Dist. LEXIS 90327 (D. Conn. December 10, 2007).*

Arizona Contractors Assn. might have standing to sue on behalf of its membership for being forced to comply with verifying the alienage of workers the members employ, although they sued the wrong defendant, but not as to all elements of the statute, so the action is dismissed. They proved they were subject to prosecution, but an Art. III “case or controversy” was lacking. Arizona Contractors Ass’n v. Napolitano, 526 F. Supp. 2d 968 (D. Ariz. 2007).*

Grand jury subpoenas were not used for mere fishing expeditions, and the defense was free to re-raise the issue at trial and did not. Subpoena power was not abused. United States v. Edelmann, 2007 U.S. Dist. LEXIS 90355 (E.D. Ark. December 6, 2007).*

Plaintiff is incorrect that the officer who stopped her needed probable cause; it was only reasonable suspicion. The contradictory allegations of the complaint need to be corrected, if plaintiff can, by amendment. Harrell v. Cal. Highway Patrol, 2007 U.S. Dist. LEXIS 90436 (E.D. Cal. November 29, 2007).*