{"id":1404,"date":"2008-02-26T06:58:49","date_gmt":"2007-10-02T07:28:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-02T07:28:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1404","title":{"rendered":"Reasonable suspicion justified search of person on the premises when he hid inside and homeowner consented to search of premises"},"content":{"rendered":"

Defendant had no standing to contest a search of an apartment that he walked into when he saw a police car in the apartment complex. He was outside having his hair braided when he abruptly went inside. Neither of the occupants admitted to knowing him, and one consented to a search of the premises for drugs. He had no expectation of privacy in the premises, and there was reasonable suspicion for his search based on his conduct. United States v. Frazier<\/a>, 249 Fed. Appx. 396, 2007 FED App. 0699N (6th Cir. 2007) (unpublished):<\/p>\n

Mallery also had reasonable suspicion to search Frazier for weapons based upon the totality of the circumstances. As the district court found, Frazier was in an area known for drug trafficking, and he showed an intent to evade police, a belief confirmed by the owner of the apartment. See Illinois v. Wardlow<\/em><\/a>, 528 U.S. 119, 123-25, 120 S. Ct. 673, 145 L. Ed. 2d 570 (2000) (holding that an individual’s presence in a high crime area, when coupled with unprovoked flight and nervousness, viewed together, gave officers reasonable suspicion). Furthermore, once inside the apartment, Mallery observed that Frazier was not in the bathroom, but sitting on a couch in the living room, acting nervous. And as the district court further found, Mallery observed in plain view a set of digital scales, which, like firearms, this Court has long recognized as tools of the drug trade. See United States v. Marino<\/em>, 658 F.2d 1120, 1123 (6th Cir. 1981); …. For this reason, it was also reasonable for Mallery to believe Frazier might be armed. See United States v. Bohannon<\/em>, 225 F.3d 615, 617-18 (6th Cir. 2000) (holding that it was reasonable for officers to believe that the suspect was armed and dangerous given his apparent familiarity with a residence suspected of being a laboratory for an illegal drug operation). Although Frazier disputes this version of events, we cannot say that the district court’s factual findings were clearly erroneous.<\/p><\/blockquote>\n

Probable cause existed for plaintiff’s arrest. The affidavit was also run by an assistant prosecutor before it was approved [incidentally, what happened in Leon<\/em>]. The alleged falsity in the affidavit, if disregarded, still left sufficient probable cause for arrest. Cummisky v. Mines<\/a>, 2007 U.S. App. LEXIS 22983 (10th Cir. September 28, 2007).*<\/p>\n

Complaint about an illegal arrest must explain the status of the arrest as a criminal case because of abstention from getting involved in criminal cases (Younger<\/em>) or closed criminal cases (Heck<\/em>). On its own, the court finds a pending criminal case on the local court website. Larry v. McKeithen, 2007 U.S. Dist. LEXIS 72676 (N.D. Fla. September 28, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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