{"id":1389,"date":"2007-12-09T16:20:58","date_gmt":"2007-09-27T06:08:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-27T06:08:39","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1389","title":{"rendered":"Officer had reasonable suspicion for detention of passenger as well as driver"},"content":{"rendered":"

Defendant passenger had standing to challenge his own detention under Brendlin<\/em><\/a>, but the officer had reasonable suspicion for further detention of the passengers. United States v. Davis, 2007 U.S. Dist. LEXIS 70758 (D. Kan. September 24, 2007).*<\/p>\n

Officer had reasonable suspicion to believe that defendant was driving the SUV he stopped based on information from an informant under Adams v. Williams<\/em><\/a>. United States v. Moran<\/a>, 503 F.3d 1135 (10th Cir. 2007).*<\/p>\n

Bail pending appeal is denied because the suppression question to be raised on appeal will likely fail. Inevitable discovery saved the search here: “The Government showed that the police would have discovered the cocaine legally, without the police misconduct; the police possessed leads making the discovery of the cocaine inevitable at the time that Defendant’s cooperation was illegally coerced; and the search was already underway at the time of the police misconduct.” United States v. Alexander, 2007 U.S. Dist. LEXIS 70842 (N.D. Ohio September 25, 2007).*<\/p>\n

Case was time barred under Wallace v. Kato<\/em><\/a>. Issuance of legal process ends the false imprisonment, and that was at the beginning of plaintiff’s criminal case. Whitfield v. Wilmington Police Dep’t, 2007 U.S. Dist. LEXIS 70985 (D. Del. September 25, 2007):<\/p>\n

“False arrest and false imprisonment overlap; the former is a species of the latter.” Wallace v. Kato<\/em>, — U.S. –, 127 S.Ct. 1091, 1094 (2007). Limitations begin to run against an action for false imprisonment when the alleged false imprisonment ends.” Id.<\/em> (citations omitted). A false imprisonment ends once the victim becomes held pursuant to legal process. Id.<\/em> at 1096. If there is a false arrest claim, damages for that claim cover the time of detention up until issuance of process or arraignment, but not more. Id. (citations omitted); Montgmery v. De Simone<\/em>, 159 F.3d 120, 126 (3d Cir. 1998).<\/p><\/blockquote>\n

Civil case that directly attacks a state criminal conviction is Heck<\/em> barred. Bowman v. City of Middleburg Heights, 2007 U.S. Dist. LEXIS 70664 (N.D. Ohio September 24, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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