{"id":1473,"date":"2008-04-18T08:36:08","date_gmt":"2007-10-24T06:32:59","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-24T06:32:59","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1473","title":{"rendered":"Criminal diversion bars civil action under Heck<\/em>"},"content":{"rendered":"

Even a criminal diversion bars an action under Heck<\/em><\/a>. S.E. v. Grant County Bd. of Educ., 523 F. Supp. 2d 486 (E.D. Ky. 2007).*<\/p>\n

City employer did not violate plaintiff’s Fourth Amendment rights by ordering her to rehab as a condition of employment. That is not false imprisonment. Davis v. City of New York, 2007 U.S. Dist. LEXIS 78031 (E.D. N.Y. September 28, 2007).*<\/p>\n

“Even if the officers had stated that they would get a warrant if he did not consent, this would not render his consent involuntary; that the police inform a party that they will obtain a warrant if the party does not consent to a search does not amount to coercion.” United States v. Racca<\/a>, 255 Fed. Appx. 367 (11th Cir. 2007)* (unpublished).<\/p>\n

2255 could not be based on same issue already decided on appeal. Payne v. United States, 2007 U.S. Dist. LEXIS 78245 (N.D. Miss. October 19, 2007).*<\/p>\n

Officer had reasonable suspicion about the content of bag that defendant was carrying, just by the looks of it from the rectangular objects in it. Defendant’s actions drew the officers’ attention that he was carrying drug money. United States v. Naut, 2007 U.S. Dist. LEXIS 78062 (S.D. N.Y. October 19, 2007).*<\/p>\n

Plaintiff’s stop and then arrest for DWI was based on reasonable suspicion and then she failed field sobriety tests. Ryder v. Pucillo, 2007 U.S. Dist. LEXIS 78202 (D. Conn. September 27, 2007).*<\/p>\n

Officer had justification for stopping the defendant who was going 81 in a 35. The video of his stop showed that the stop was not extended, and the defendant consented. State v. Fernandez<\/a>, 2007 Tenn. Crim. App. LEXIS 825 (October 23, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-1473","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1473","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1473"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1473\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1473"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1473"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1473"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}