The Coast Guard boarded a ship in international waters, and defendant raised lack of reasonable suspicion for the stop. The Fourth Amendment, however, did not apply to non-Americans in international waters. United States v. Bravo, 2007 U.S. App. LEXIS 6618 (1st Cir. March 22, 2007):
The Fourth Amendment prohibits “unreasonable searches and seizures” whether or not the evidence is sought to be used in a criminal trial, and a violation of the Amendment is “fully accomplished” at the time of an unreasonable government intrusion. United States v. Calandra, 414 U.S. 338, 354 (1974); see also United States v. Leon, 468 U.S. 897, 906 (1984). For purposes of this case, therefore, if there was a constitutional violation of the Fourth Amendment, it occurred solely in international waters, where the search and seizure took place. But the Fourth Amendment does not apply to activities of the United States against aliens in international waters. See United States v. Verdugo-Urquidez, 494 U.S. 259, 267 (1990). The Supreme Court’s holding in Verdugo-Urquidez is clear that the actions of the United States directed against aliens in foreign territory or in international waters are not constrained by the Fourth Amendment. 494 U.S. at 267 (“There is … no indication that the Fourth Amendment was understood by contemporaries of the Framers to apply to activities of the United States directed against aliens in foreign territory or in international waters.”); see also United States v. Vilches-Navarrette, 413 F. Supp. 2d 60, 69 (D. P.R. 2006) (“In light of the Supreme Court’s holding in Verdugo-Urquidez, it is pellucid that the Fourth Amendment does not apply to the search of non-resident aliens on a ship in international waters.”). Accordingly, the district court was correct in denying Appellants’ motion to suppress because the Fourth Amendment was inapplicable to the USCG’s search of the vessel.
E.D. Mich. reverses itself under Wallace v. Kato and holds in a case where it previously held that the statute of limitations began when a conviction was reversed that the statute runs from the date of the search. Kucharski v. Leveille, 478 F. Supp. 2d 28 (E.D. Mich. 2007), prior opinion 2007 WL 522715, *8-9 (E.D. Mich. February 12, 2007). Wallace was decided February 21, and the plaintiff’s case was dismissed.*
Plaintiff’s behavior, observed by several people, showed that he was mentally unstable, and defendant had qualified immunity from taking him into custody for plaintiff’s own good. Brown v. Catania, 2007 U.S. Dist. LEXIS 19927 (D. Conn. March 20, 2007).*
Arrest that was valid for some crime. “For the reasons stated above, defendants clearly had probable cause to arrest plaintiff. Moreover, because probable cause need only exist as to any crime that could have been charged under the circumstances, the arrest was valid, regardless of whether defendants had probable cause to believe that plaintiff was operating a vehicle under the influence of alcohol. See Bizier, 111 F.3d at 219. Accordingly, defendants are entitled to summary judgment on plaintiff’s unlawful arrest claim.” LaFrenier v. Kinirey, 478 F. Supp. 2d 126 (D. Mass. 2007).*
Officers had reasonable suspicion for defendant’s detention based on his conduct prior to the stop based on his not speaking English, paying for a motel room with two new $50 bills, and giving an address which came up with a hit on an open investigation in the DEA’s files. United States v. Verdugo, 2007 U.S. Dist. LEXIS 19776 (E.D. Mo. March 20, 2007).*
