{"id":1384,"date":"2008-02-17T11:45:19","date_gmt":"2007-09-24T08:19:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-24T08:19:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1384","title":{"rendered":"Officer’s “stop” of parked car with blue lights was a detention without reasonable suspicion"},"content":{"rendered":"

Defendant’s car was seen in a rest area several times over two days. The officer pulled up behind the car, and the dome light was turned off. The defendant explained she was not home because of marital difficulties, and she wanted to leave, but the officer wanted to look around the inside of the car with a flashlight. Balloons were found, and the officer suspected drug use. He also suspected, without any factual support, that she might have been abused. Franks v. State<\/a>, 241 S.W.3d 135 (Tex. App.\u2014Austin 2007):<\/p>\n

However, the initial encounter between LaHood and appellant progressed to an investigative detention when LaHood refused appellant’s request to leave. Before LaHood told appellant, “[N]o, you can’t go,” he knew only that she was crying and that she was seated in a car that he thought he had seen several times at the rest area. He did not testify about specific facts leading him to suspect that appellant was, had been, or soon would be engaged in criminal activity. Although LaHood wondered whether the car might have been stolen, he never questioned appellant about the car’s ownership, and he did not state that appellant was detained because he suspected that she was a car thief. Instead, he told her that she could not leave and that he wanted to find out why she was upset.<\/p><\/blockquote>\n

Plaintiff alleged seizure of property in 2004 (outside limitations) was still retained in 2006 in violation of the Fourth Amendment. The plaintiff is directed to better explain the issue to see whether limitations has expired or not. Herndon v. City of Park City, 2007 U.S. Dist. LEXIS 69927 (D. Kan. September 20, 2007).*<\/p>\n

Police were given information from an informant that defendant was in possession, and the officers sought him out and arrested him for disorderly conduct because he was under the influence of alcohol. The appellate court found the arrest without probable cause, to the search of his person was invalid. State v. Graves, 2007 Ohio 4904, 173 Ohio App. 3d 526 (8th Dist. 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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