{"id":1200,"date":"2007-11-11T16:28:13","date_gmt":"2007-07-29T10:30:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-07-29T10:30:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1200","title":{"rendered":"FL 2DCA: Mere propinquity to contraband on the ground is not probable cause to search the person closest to it"},"content":{"rendered":"

FL 2DCA: Mere propinquity to contraband on the ground is not probable cause to search the person closest to it. Tarver v. State<\/a>, 961 So. 2d 1094 (Fla. App. 2d Dist. 2007):<\/p>\n

[T]he trial court erred when it concluded that the baggie of cannabis found at Mr. Williams’ feet was in the constructive possession of both men and supplied probable cause for their arrest and the subsequent search of Tarver. Mere proximity to contraband found in a public place and in the vicinity of several individuals does not warrant a finding that a law enforcement officer had probable cause to believe that the person or persons closest to the contraband possessed it. See Edwards v. State<\/em>, 532 So. 2d 1311, 1314 (Fla. 1st DCA 1988); see also Isaac v. State<\/em>, 730 So. 2d 757, 758 (Fla. 2d DCA 1999); J.G. v. State,<\/em> 881 So. 2d 25, 26 (Fla. 4th DCA 2004). The trial court erred in ruling that Tarver was in constructive possession of the cannabis found at Mr. Williams’ feet, five or more feet away from where Tarver was standing.<\/p><\/blockquote>\n

Carotid hold, a choke hold, constitutes deadly force. Claim for wrongful death can go forward. Ayala v. City of S. San Francisco, 2007 U.S. Dist. LEXIS 54051 (N.D. Cal. July 13, 2007), relying on Nava v. City of Dublin, 121 F.3d 453 (9th Cir. 1997).<\/p>\n

Conclusory pleadings are not enough to state a constitutional claim under \u00a7 1983. Here, the pleadings apparently did not even rise to the level of notice under F.R.C.P. 8. Lee v. United States Drug Enforcement Agency, 2007 U.S. Dist. LEXIS 54217 (S.D. Cal. July 24, 2007).*<\/p>\n

California’s Fifth District holds that it is bound by the California Supreme Court, and the mere fact the defendant was on parole and signed an implied consent parole agreement justified the search, an issue left open in Samson<\/em>. People v. Solorzano<\/a>, 153 Cal. App. 4th 1026, 63 Cal. Rptr. 3d 659 (5th Dist. 2007).*<\/p>\n

“Because this informant’s reliability was doubtful and because the police failed to corroborate the information that he had provided, Mr. Wallace’s detention was not based on a well-founded suspicion. For this reason, the trial court erred in failing to suppress the statements made by Mr. Wallace after his illegal detention. Accordingly, we reverse the trial court’s order that revoked Mr. Wallace’s probation.” Wallace v. State<\/a>, 964 So. 2d 722 (Fla. App. 2d Dist. 2007).*<\/p>\n

Officer lacked reason to believe that the defendant had been in a “collision” on his motorcycle where he allegedly fell off the bike. Therefore, the defendant’s seizure for DUI test was unconstitutional. State v. Williams<\/a>, 114 Haw. 406, 163 P.3d 1143 (2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1200","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1200","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1200"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1200\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1200"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1200"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1200"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}