{"id":2961,"date":"2009-03-01T07:39:38","date_gmt":"2009-02-22T08:24:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-02-22T08:24:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2961","title":{"rendered":"E.D.Mich.: Summers<\/em> permits stops of defendants away from the premises"},"content":{"rendered":"

Stopping defendant a few blocks away from the residence to be searched was valid under Summers<\/a>, even though in Summers the defendant detained was coming down the front steps. A marked police car was needed for the stop, and it took awhile to show up. United States v. Whitley, 2009 U.S. Dist. LEXIS 12582 (E.D. Mich. February 19, 2009): <\/p>\n

Like the situations seen in Cochran, Head and Yates, the officers in this case stopped and detained Whitley as soon as was practicable after he departed the Residence. The Officers at the scene when Whitley left the residence did not have a marked patrol car there and therefore radioed for a marked patrol car to make the stop. Officer Colosky testified that, after seeing Whitley leave the Residence, the officers decided to stop Whitley a few streets away from the Residence, so that the stop would be out of the view of any remaining occupants of the Residence. Whitley’s car was therefore followed for a few blocks before he was stopped by the marked patrol car. The Court therefore rejects Whitley’s argument that Summers does not apply because the vehicle was stopped a few blocks away from the Residence.<\/p><\/blockquote>\n

U.S. v. SDI Future Health, Inc.<\/a>, ___ F.3d ___ (9th Cir. 2009), posted here<\/a>, applied: If the affidavit is referred to and around, it need not be attached. Also under SDI, the warrant was sufficiently particular. United States v. Akpan, 2009 U.S. Dist. LEXIS 12656 (D. Nev. February 12, 2009).*<\/p>\n

Defendant was delivering bananas on a pallet as a cover for cocaine, and he lacked requisite control over the bananas as a mere deliveryman to claim standing. United States v. Arias, 2009 U.S. Dist. LEXIS 12579 (D. Conn. February 18, 2009).*<\/p>\n

There was no reason shown to revisit the prior decision denying the motion to suppress. Caver v. United States, 2009 U.S. Dist. LEXIS 12435 (N.D. Ohio February 9, 2009).*<\/p>\n

Where defendant could not prevail on the search claim, defense counsel could not be ineffective. United States v. Marutz, 2009 U.S. Dist. LEXIS 12219 (E.D. Cal. February 3, 2009).* See also United States v. Jones, 2009 U.S. Dist. LEXIS 12445 (N.D. Ill. February 18, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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