Involuntarily civilly committed mental patients are subject to searches the same as those in jail for institutional security. Lombardo v. Holanchock, 2008 U.S. Dist. LEXIS 48753 (S.D. N.Y. June 25, 2008).<\/p>\n
State court’s suppression order did not collaterally estop officers from arguing the search was valid in a \u00a7 1983 action against them. Neither the parties nor the cause of action were the same. Pitner v. Murrin, 2008 U.S. Dist. LEXIS 48754 (E.D. Pa. June 25, 2008).*<\/p>\n
Defendant’s stop by the Border Patrol on I-95 in Florida was not justified by reasonable suspicion on the totality of circumstances. The Border Patrol found anything defendant did to be reasonable suspicion, even if any other driver would do it. United States v. Bautista-Silva, 2008 U.S. Dist. LEXIS 48619 (M.D. Fla. June 19, 2008):<\/p>\n
The legality of the stop, then, primarily rests on two factors; the behavior of the vehicle, and the behavior of its occupants. Cole testified that the Suburban (1) appeared to try to hide behind an adjacent pickup truck as it passed his location; (2) accelerated to approximately 90 miles per hour shortly thereafter; and (3) slowed to 60 miles per hour after he caught up to it. Regarding the occupants of the Suburban, Cole testified that they stared straight ahead rather than looking over and noticing or acknowledging him or his marked vehicle, as most travelers do. Cole testified that, based on his many years of experience as a Border Patrol agent, smugglers often engage in these exact behaviors. The Court has no doubt that this is true. The problem is, everyone else engages in these behaviors, too.<\/p>\n
On this record, the driving behavior of the Suburban was not remarkable. Cole himself was not certain that the Suburban was attempting to avoid his notice as it first approached him; at most he thought it might have been, in his words, “drifting” behind the pickup truck. Similarly, while Cole could not estimate the Suburban’s initial speed, he said it was traveling around the same speed as the other vehicles on the interstate. It is remarkable, however, to speed up to 90 miles per hour immediately after passing a law enforcement officer, at least if one is trying to avoid being noticed – that is, unless one is attempting to escape, Cole’s proffered explanation for the Suburban’s acceleration.<\/p>\n
On this score, the Court takes notice of the fact that, according to FDOT’s web site–http:\/\/www.dot.state.fl.us\/TrafficOperations\/Operations\/exitnumb\/i_95.htm<\/a><\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading