Motion to suppress granted for lack of reasonable suspicion for patdown. United States v. Washington, 2009 U.S. Dist. LEXIS 73205 (N.D. Ind. August 17, 2009)*:<\/p>\n
The record before the court doesn’t disclose what led the officers to a reasonable suspicion that Mr. Washington was armed or dangerous. None of the officers involved was asked why he or she held such a suspicion. Counsel for the government offered some suggestions in final argument on the motion: the Buick did not stop immediately; the Buick seem to speed up after the first turn; the driver seem to disappear from site upon stopping; the passenger’s hand came out of the front window; movement was seen in the car; Mr. Washington appeared to be nervous. Such observations might lead an experienced police officer, such as those involved in this stop, reasonably to suspect the rear seat passenger was armed and dangerous. But none of the officers explained why that was so, or even said that it was so.<\/p><\/blockquote>\n
Defendant consented to a search, and it was no coercion if the officer actually said to him that the house would be secured until a warrant arrived, but, if there was consent, people could stick around. United States v. Jones, 647 F. Supp. 2d 1055 (W.D. Wis. 2009).*<\/p>\n
Whether a protective sweep was justified was not required to be determined when there was already PC for the search, relying on United States v. Gillenwaters, 890 F.2d 679 (4th Cir. 1989). United States v. Jones, 2009 U.S. Dist. LEXIS 72626 (W.D. N.C. August 3, 2009).*<\/p>\n
IRS summons did not violate the Fourth Amendment rights (or any other rights) of the taxpayer appearing pro so, so a contempt action would lie. United States v. Dye, 2009 U.S. Dist. LEXIS 73173 (W.D. Tenn. August 18, 2009).*<\/p>\n
A city’s permitting officers to issue traffic tickets just outside the municipal border did not violate clearly established law, so qualified immunity applied. Prior cases in the circuit did not say that a traffic stop outside municipal boundaries violated the Fourth Amendment. Swanson v. Town of Mt. View<\/a>, 577 F.3d 1196 (10th Cir. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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