{"id":202,"date":"2006-08-13T01:36:16","date_gmt":"2006-03-16T01:35:34","guid":{"rendered":""},"modified":"2017-09-17T13:47:00","modified_gmt":"2017-09-17T18:47:00","slug":"en-us-325","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=202","title":{"rendered":""},"content":{"rendered":"

Terry<\/em> stop on defendant’s small porch somehow escalated into entry into the home. Court finds the officer’s testimony incredible and credits the defendant’s testimony that there were no exigent circumstances for the entry. United States v. Hart, 2006 U.S. Dist. LEXIS 10138 (E.D. La. March 14, 2006).*<\/p>\n

PC was shown for warrant based on a 22 pound marijuana sale just before, and the SW for the house included search the defendant inside, even though he was not named as a “person to be searched.” United States v. Gill, 2006 U.S. Dist. LEXIS 9944 (E.D. Mo. March 13, 2006).*<\/p>\n

Staleness was not shown just because defendant visited child porn site 17 months earlier. United States v. Doan, 2006 U.S. Dist. LEXIS 9970 (W.D. Wis. March 13, 2006).<\/p>\n

IAC on Fourth Amendment claim considered on merits, but court finds that it was not clearly established at the time of the search that it would have been illegal, so petitioner would lose. Vela v. Knowles, 2006 U.S. Dist. LEXIS 9978 (N.D. Cal. February 21, 2006).<\/p>\n

Consent to patdown on side of highway in the rain was coerced because she would not get in car until she consented. Male officer used the back of his hand to touch the genital area of a women through her sun dress looking for drugs. Philpot v. Warren, 2006 U.S. Dist. LEXIS 9990 (N.D. Ga. February 21, 2006) (civil case for unreasonable search).<\/p>\n

Stop for possible immigration violation was valid, but defendant should have been Mirandized when being questioned about his immigration status. United States v. Arana-Arellano, 2006 U.S. Dist. LEXIS 10019 (D. S.D. February 14, 2006).<\/p>\n

Defendant was not actually stopped when he abandoned drugs. Officers got an anonymous tip about drug dealing, and officer got out of car to approach four men, and one discarded his drugs. State v. Atkins, 926 So. 2d 591 (La. App. 5th Cir. March 14, 2006).<\/p>\n

Stepping out of the light was a factor in stopping a man in a high crime area, and his refusal to take his hands from his pockets justified a patdown which revealed drugs by plain feel. State v. Stanfield, 925 So. 2d 710 (La. App. 5th Cir. March 14, 2006, released for publication April 6, 2006).<\/p>\n

Telephone calls about drug use and officers’ presence at apartment that revealed odor of marijuana collectively showed PC. State v. Morse, 2006 MT 54, 331 Mont. 300, 132 P.3d 528 (March 14, 2006).*<\/p>\n

When police officer pulled up behind a car partially blocking one lane of a street but not blocking any traffic, it was a seizure. The officer turned on his blue lights “‘to make sure that [the defendant knew] my vehicle was there,’ and proceeded to investigate why the defendant was stopped in the roadway.” State v. Williams, 185 S.W.3d 311 (Tenn. March 13, 2006). <\/p>\n","protected":false},"excerpt":{"rendered":"

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