D.Ariz.: Federal wildlife officer can make speeding stop in national wildlife refuge

A federal wildlife officer has the authority to make a stop for speeding in a national wildlife refuge under 50 C.F.R. § 27.31(a), (d). [Virginia v. Moore goes unmentioned: The stop would not violate the Fourth Amendment in any event.] United States v. McKenzie, 2023 U.S. Dist. LEXIS 215810 (D. Ariz. Dec. 5, 2023).*

There was a shooting incident with a victim and police responded to defendant’s place. They sought entry and were denied, but they believed they had probable cause and were going to get a warrant. Concerned that evidence could be destroyed or something else happen, they reapproached and got in. The entry was not the but for cause of the warrant they already had cause for and decided to get. Moreover, nothing learned from that added to the affidavit. United States v. Vetaw, 2023 U.S. Dist. LEXIS 215974 (D. Kan. Dec. 5, 2023).*

“Even assuming, arguendo, the initial stop of the vehicle was illegal, Petitioner’s subsequent flight and shooting of Officer Collins provided probable cause for his arrest.” Therefore, there was no ineffective assistance. LeFtenant v. AG of N.Y., 2023 U.S. Dist. LEXIS 216294 (E.D.N.Y. Dec. 5, 2023).*