{"id":888,"date":"2007-06-17T06:39:51","date_gmt":"2007-04-02T07:12:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-04-02T07:12:20","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=888","title":{"rendered":"Driving too slow in the left lane was insufficient for reasonable suspicion"},"content":{"rendered":"<p>The defendant was driving 12 miles under the speed limit in the left lane on an interstate highway, but this did not constitute reasonable suspicion for a stop. The officer also thought that the passenger waving to the officer added something, but the court held that it did not. United States v. Coronado, 2007 U.S. Dist. LEXIS 22477 (W.D. Tex. March 16, 2007).<\/p>\n<p>Citizen reporting crime to 911 and identifying herself but unwilling to meet with officers face to face was capable of being found by the 911 and her own information and that was sufficient to elevate her status above that of an anonymous informant, and the district court erred in treating her as an anonymous informant requiring more corroboration. Not all of it was corroborated, but a significant part of her information was, and that gave reasonable suspicion. United States v. Elmore, 482 F.3d 172 (2d Cir. 2007).<\/p>\n<p>NCIC printout that there was a felony warrant on defendant justified police entry into his motel room to arrest him. A comment on the print out that said &#8220;pick up in Florida only&#8221; related to extradition payments, not the authority to arrest. After the arrest, officers left and got a search warrant for things seen in plain view in the room, and that was a valid independent source for the seizure. United States v. Sobolewski, 2007 U.S. App. LEXIS 7313 (3d Cir. March 29, 2007) (unpublished).<\/p>\n<p>A reasonable belief that a defendant committed a traffic violation is all that is required for a stop. [The court declined to quibble over whether there was in fact a factual basis or not; the question was whether it was reasonable for the officer to believe there was.] United States v. Pena, 2007 U.S. App. LEXIS 7309 (5th Cir. March 28, 2007)* (unpublished).<\/p>\n<p>Plaintiff in a \u00a7 1983 survives PLRA review as to some defendants. &#8220;In the instant case, defendant Jenkins testified at the plaintiff&#8217;s preliminary hearing that he and defendant Burger arrested plaintiff on a parole violation warrant whereas the plaintiff contends that no such warrant exists and that no other circumstances justified his arrest. These assertions are sufficient to state a Fourth Amendment false arrest claim and for the plaintiff to proceed on the claim.&#8221;  Harris v. Libal, 2007 U.S. Dist. LEXIS 22733 (E.D. Wis. March 27, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=888\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-888","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/888","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=888"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/888\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=888"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=888"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=888"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}