NYPD Housing Bureau was working a housing project to deter crime, and they encountered the defendant who seemed not to belong and asked him for his ID, trying to ascertain why he was there. He fled instead and was caught and said “I’m holding” when they grabbed him. Besides a gun, drugs were found. All this was reasonable because he was not stopped or unlawfully detained when they asked for his ID. United States v. Mason, 550 F. Supp. 2d 309 (E.D. N.Y. 2008)*:<\/p>\n
There is no indication that any of these factors was present when Officer Porras asked if defendant was a resident of the building, requested defendant’s identification, and asked where he was going. Until the defendant attempted to flee, the Officers remained several feet away from defendant. Defendant does not contend that he was touched, that the Officers displayed any weapons, held his identification for a prolonged period of time, or otherwise indicated that he was not free to leave. Thus, during this initial period, the encounter was consensual. <\/p><\/blockquote>\n
A fact question remained as to whether plaintiff was a recent occupant of his car under Thornton<\/em><\/a> that was searched by the police on a civil commitment order. Lyman v. City of Albany, 536 F. Supp. 2d 242 (N.D. N.Y. 2008).*<\/p>\n
“If [this \u00a7 1983] were to attack the validity of the three subject arrests under the Fourth Amendment, this court would be running afoul of the Heck<\/a><\/em> and Rooker<\/a>\/Feldman<\/a><\/em> doctrines. The court therefore concludes that the plaintiff’s \u00a7 1983 claim for unlawful arrest should be dismissed.” Burton v. City of Senatobia, 2008 U.S. Dist. LEXIS 16376 (N.D. Miss. March 3, 2008).*<\/p>\n
State court’s finding on post-conviction petition that trial counsel was not ineffective in his conduct of the suppression motion was not an unreasonable application of the law for \u00a7 2254(d)(1) purposes. (Stone<\/em> not even cited.) Steffen v. McDonough, 2008 U.S. Dist. LEXIS 16952 (S.D. Fla. March 5, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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