{"id":1557,"date":"2008-02-03T13:24:48","date_gmt":"2007-11-28T22:08:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-11-28T22:08:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1557","title":{"rendered":"Crime committed against officers during illegal entry not suppressable"},"content":{"rendered":"

The Colorado Supreme Court assumes but does not decide that three sheriff’s deputies entered defendant’s property in violation of the Fourth Amendment. In response to the violation, he allegedly committed criminal acts against the deputies, including menacing them with a shotgun. The trial court suppressed all the evidence of his criminal acts on the ground that the evidence was derived from the deputies’ unconstitutional trespass. The Colorado court concludes that this evidence is not derivative of any constitutional violation, and reverses the trial court’s suppression order. People v. Doke<\/a>, 171 P.3d 237 (Colo. 2007). Comment:<\/em> This is the settled general rule.<\/p>\n

Extending a traffic stop for lack of a seatbelt and a lack of a reflective strip on the temporary tag was defective for going beyond its purpose. State v. Connor<\/a>, 288 Ga. App. 517, 654 S.E.2d 461 (2007):<\/p>\n

As noted above, to pass muster under the Fourth Amendment, the continued questioning of a driver and passengers outside the scope of a valid traffic stop is permissible only when the officer has a reasonable articulable suspicion of illegal activity or when the valid traffic stop has become consensual. … A consensual encounter requires the voluntary cooperation of a private citizen with non-coercive questioning by a law enforcement official. Because the individual is free to leave at any time during such an encounter, he is not \u201cseized\u201d within the meaning of the Fourth Amendment. … In looking to the totality of the circumstances to determine whether a reasonable person would have felt free to leave, three important factors have been given particular scrutiny: (a) whether the driver’s documents have been returned to him; (b) whether the officer informed the driver that he was free to leave; and (c) whether the driver appreciated that the traffic stop had reached an endpoint. … It is clear that \u201can encounter initiated by a traffic stop may not be deemed consensual unless the driver’s documents have been returned to him.\u201d (Citations omitted.) … <\/p><\/blockquote>\n

There is no privity of parties between a preliminary hearing and a \u00a7 1983 case over the same arrest and search for issue preclusion to apply. Saunders v. Knight, 2007 U.S. Dist. LEXIS 86291 (E.D. Cal. November 8, 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-1557","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1557","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=1557"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1557\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1557"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1557"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1557"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}