{"id":2908,"date":"2009-03-21T06:21:46","date_gmt":"2009-01-31T09:50:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-02-02T10:23:53","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2908","title":{"rendered":"SD: Indian Civil Rights Act made Indian casino hotel security guards governed by exclusionary rule"},"content":{"rendered":"

The Indiana Civil Rights Act, 25 U.S.C. \u00a7 1302(2), makes Indian casino hotel security guards governed by the exclusionary rule (surveying cases from other jurisdictions) because casino operations are a part of self-government. State v. Madsen<\/a>, 2009 SD 5, 760 N.W.2d 370 (2009).<\/p>\n

Defendant’s home was not improperly seized by securing it until a warrant could be obtained where there was probable cause. United States v. Weeks, 2009 U.S. Dist. LEXIS 5841 (D. Del. January 26, 2009).*<\/p>\n

Officer saw defendant, whom he did not recognize, in a high crime area with no trespassing signs, and defendant saw him and walked away from him; reasonable suspicion for stop. United States v. Lashley, 2009 U.S. Dist. LEXIS 5571 (W.D. Ky. January 26, 2009)* (comes dangerously close to giving carte blanche to the “discretion of the officer in the field”; walking away from another in a high crime area seems like a normal response, not a factor in reasonable suspicion).<\/p>\n

Defendant passenger in a vehicle failed to show standing to be able to challenge a search of the vehicle where there was confusing proof as to who even owned the car to have given permission to drive it. Even so, the stop was justified by a window tint violation. Questions to the occupants during the ticket writing process were not impermissible. United States v. Gevorkyan, 2009 U.S. Dist. LEXIS 5688 (D. Utah January 27, 2009).*<\/p>\n

Checking defendant’s license was proper when she was seen asleep at the wheel. When they awoke her, she seemed confused, and her movements were strange. Her license was suspended, and that justified a search incident which produced drug paraphernalia. Goines v. United States<\/a>, 964 A.2d 141 (D.C. App. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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