Welfare check entry did not find the defendant, so continuing the search to look for defendant’s property in a tackle box was unreasonable. United States v. Tarburton, 610 F. Supp. 2d 268 (D. Del. 2009).<\/p>\n
Officer lacked reasonable suspicion that a traffic offense had occurred, so the stop was invalid. Defendant was a passenger in a livery cab stopped by the police. United States v. Stewart, 2009 U.S. Dist. LEXIS 30462 (S.D. N.Y. April 1, 2009).*<\/p>\n
Defendant’s stop for excessive noise, even if the noise ordinance was unconstitutional, was reasonable, and the exclusionary rule would not be applied to a stop based on a presumptively valid ordinance under the N.H. Constitution, and looking to Krull<\/a> for guidance. State v. De La Cruz<\/a>, 158 N.H. 564, 969 A.2d 413 (2009).<\/p>\n Since officers responding to a 911 call found defendant with a knife in hand and a body at his feet, any alleged search and seizure error in admission of some evidence from his person was harmless beyond a reasonable doubt. Ward v. State<\/a>, 903 N.E.2d 946 (Ind. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading