Defendant was found lying on the ground injured and bloody, and an officer arrived at the scene. He had difficulty communicating his name, and he permitted the officer to remove his wallet for his ID. The officer also felt an object that was round, but it had to be opened to ascertain its contents because it was not “immediately apparent.” The search of the container was unlawful. Cannon v. State, 985 So. 2d 968 (Ala. Crim. App. 2007):<\/p>\n
In this case, Cannon gave Daley consent to retrieve his identification from his pocket. Before reaching into Cannon’s pocket, Daley did a pat-down search for her safety. While doing the patdown, she felt an object in one pocket that she knew was not Cannon’s driver’s license but that felt like a film canister. Just as the officer who testified in Warren explained, Daley said that based upon her training and experience, she knew that people kept illegal drugs in such canisters. When she could not see to identify the contents of the canister pulled from Cannon’s pocket, she opened it and found what she believed to be a controlled substance. Nonetheless, nothing in the record shows that the nature of the contraband found in the canister was immediately apparent when Daley pulled it from Cannon’s pocket.<\/p><\/blockquote>\n
Informant’s statement was sufficient to show probable cause, and two week old information about drug sales from defendant’s house was not stale. State v. Jenkins, 26 So. 3d 458 (Ala. Crim. App. 2007).<\/p>\n
In a suit over a state mandated database to track information about potential predatory mortgage loans, the statute does not offend due process or the Fourth Amendment. Access to the information is only permitted if there is a crime or fraud suspected, and it is a long way from there to actual release of the information, which plaintiffs have no standing to object to under California Bankers Ass’n. v. Schultz,<\/em> 416 U.S. 21, 68 (1974). Bell v. Martinez, 2007 U.S. Dist. LEXIS 37948 (N.D. Ill. May 24, 2007).*<\/p>\n
The viability of a state constitutional claim was not absolutely clear, so the court had to deny the motion to dismiss, considering that it will likely have to decide that question itself. Aquino v. County of Monroe, 2007 U.S. Dist. LEXIS 37872 (M.D. Pa. May 24, 2007):<\/p>\n
Plaintiff correctly notes that where there is no ruling currently available from the state’s highest court on a matter of state law, the district court “must predict how that court would resolve [the relevant] issues should it be called upon to do so.” Dilworth v. Metropolitan Life Ins. Co.,<\/em> 418 F. 3d 345, 349 (3d Cir. 2005). To make such a prediction, the district court will examine: (1) state Supreme Court decisions in related areas; (2) “decisional law” of intermediate state courts; (3) opinions of federal courts of appeals and district courts applying state law; and (4) decisions from other jurisdictions that have discussed the issues before the court. Id.<\/em><\/p><\/blockquote>\n
Police officer had a reasonable basis for concluding that the car that plaintiff was driving was stolen when the stop occurred, so the defendant is entitled to summary judgment. Phelan v. Village of Lyons, 2007 U.S. Dist. LEXIS 37943 (N.D. Ill. May 23, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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