E.D. Wash: Day care centers are pervasively regulated businesses

Day care regulators conducted a search of plaintiff’s day care operation which was in her home. This was a search rather than an inspection because plaintiff retained a reasonable expectation of privacy in her home day care center. Summary judgment is denied on this issue and the issue of whether plaintiff consented. Summary judgment was also denied for seizure of records required to be kept because of a factual dispute over whether the defendants claimed they had a court order requiring production. The court finds that day care businesses are pervasively regulated businesses under Washington law, but finds that the inspection statute is flawed under Burger. De La O v. Arnold-Williams, 2006 U.S. Dist. LEXIS 91919 (E.D. Wash. December 20, 2006).

Officers had probable cause to arrest defendant for bank robbery based on a 911 call describing the getaway car with the license number and the license number was traced to a rental agency which rented to the defendant earlier in the day. When the car was stopped, he matched the description of the bank robber, and his story about how he got the car at the airport was inconsisent. His consent and statement thereafter were valid. United States v. Street, 472 F.3d 1298 (11th Cir. December 20, 2006).*

Wal-Mart-type meth materials purchase led a civilian to call the police and describe the vehicle and the driver. Officers were tipped off to the vehicle, and it was seen, clocked on radar, and stopped for speeding (73 in a 70). The stop was valid, despite the mixed motive and the officer’s testimony that he would have stopped the vehicle even if it was not speeding. The defendant conceded that everything after that was legal. United States v. King, 209 Fed. Appx. 760 (10th Cir. 2006)* (unpublished).

Habeas petitioner at least gets a hearing on his IAC claim about the suppression hearing, at least because the entire transcript of the hearing is unavailable to the habeas court. Bray v. Cason, 2006 U.S. Dist. LEXIS 91899 (E.D. Mich. December 20, 2006):

Although Fourth Amendment claims are not cognizable on habeas review, Stone v. Powell, 428 U.S. 465 (1976), “federal courts may grant habeas relief in appropriate cases, regardless of the nature of the underlying error.” Kimmelman v. Morrison, 477 U.S. 365, 383 (1986). An evidentiary hearing may assist the Court in discerning what occurred at the suppression hearing and whether Petitioner’s claims about Mr. Fishman have any merit. The Court therefore reserves judgment on habeas claim VII. Petitioner may raise that claim at the evidentiary hearing.