{"id":4436,"date":"2010-09-06T14:38:17","date_gmt":"2010-07-16T08:17:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-16T08:17:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4436","title":{"rendered":"D.Alaska: Search of defendant passenger’s person was justified by dog alert on passenger side but no drugs in car"},"content":{"rendered":"

The stop of the vehicle defendant was riding in was valid, and the continuation of the stop was de minimus. A dog alerted on the passenger side, and no drugs were found in the car. It was reasonable to then search the defendant\u2019s person. United States v. Fox, 2010 U.S. Dist. LEXIS 70327 (D. Alaska July 13, 2010).*<\/p>\n

Defendant\u2019s Fourth Amendment rights were not violated by recording conversations from the jail. Defendant also raised a First Amendment free speech claim that monitoring the phone calls chills free speech rights to complain about the criminal charges. Even if it applied, the exclusionary rule does not apply to First Amendment violations. United States v. Korbe, 2010 U.S. Dist. LEXIS 70419 (W.D. Pa. July 14, 2010).*<\/p>\n

Defendant\u2019s \u00a7 2255 Fourth Amendment claim by an amended petition was time barred. The record showed that he was aware of the claim within the one year limitations period, not as a newly discovered claim. Casseday v. United States, 2010 U.S. Dist. LEXIS 70465 (D. D.C. July 13, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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