Collateral estoppel applied where defendant lost on his search issue in state court so he could not litigate it in federal court. Also, he claimed a Franks violation that the officers misled the issuing magistrate, but that was not factually developed to help him. Spencer v. County of Huron, 2017 U.S. App. LEXIS 23756 (6th Cir. Nov. 22, 2017).
A Yosemite National Park Ranger stopped defendant for traffic violations but suspecting DUI. “Defendant’s failure to comply literally with traffic rules and traffic control devices and erratic use of turn signals justified the initial stop to investigate the possibility Defendant was under the influence of drugs or alcohol or both. As part of their investigation they asked if Plaintiff would consent to FSTs. She did; she did not have to; but she did. She performed poorly enough to justify her being detained further to investigate the cause of the poor performance.” United States v. Bisso, 2017 U.S. Dist. LEXIS 189277 (E.D. Cal. Nov. 15, 2017).*