CA7: Violation of state time limit for sheriff’s eviction didn’t state a Fourth Amendment claim

Plaintiff’s eviction by sheriff’s deputies took more time than state law allowed, and it was delayed, in part, by the presence of a skunk. He abandoned lots of stuff on the property, and it wasn’t possible to get it all out of there in time. The fact state law was violated has no bearing on plaintiff’s Fourth Amendment claim under Virginia v. Moore. DKCLM, Ltd. v. County of Milwaukee, 2015 U.S. App. LEXIS 12502 (7th Cir. July 20, 2015).

The officer here had reasonable suspicion that defendant was a trespasser for being behind a normally closed gate on a church parking lot at 3 am. He claimed that he had permission to sleep in his car there on occasion. Defendant had an assault rifle case in the back seat, and he denied having any gun. The officer patted him down and felt a marijuana pipe. Defendant admitted then he had marijuana on him, too. A further pat down revealed a Derringer, and defendant was arrested. The inventory of the vehicle revealed a revolver, the assault rifle, and drugs. The searches were reasonable. United States v. Swiger, 2015 U.S. Dist. LEXIS 92942 (N.D.W.Va. July 17, 2015).*

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