The Eighth Circuit held that the defendant’s flight when officers tried to stop him amounted to a waiver of any claim that the officers lacked reasonable cause because the flight created it. “In denying Sledge’s motion to suppress, the district court concluded Sledge forfeited any Fourth Amendment protection by resisting and running away from the officers, thus creating probable cause to arrest Sledge for obstructing a peace officer, in violation of Neb. Rev. Stat. \u00a7 28-906(1), and to search Sledge incident to that arrest. We agree with this conclusion.” United States v. Sledge, 460 F.3d 963 (8th Cir. September 7, 2006).<\/p>\n
Civilly committed inmate in jail as a witness could be subjected to a blanket strip search each time he came back into the jail under the Fourth Amendment. Johannes v. Alameda County Sheriff’s Dep’t, 2006 U.S. Dist. LEXIS 63378 (N.D. Cal. August 28, 2006).<\/p>\n
Even though defendant was permitted to leave the premises before execution of a search warrant, he could be stopped and detained blocks away to be searched under that search warrant under Summers.<\/em> United States v. Bailey, 468 F. Supp. 2d 373 (E.D. N.Y. September 6, 2006).<\/p>\n Franks hearing denied because motion was made on unsworn assertions of which he had no personal knowledge. United States v. Friel, 448 F. Supp. 2d 222 (D. Me. September 5, 2006).*<\/p>\n Malicious prosecution claim by convicted inmate against arresting officers fails as a matter of law under Heck v. Humphrey.<\/em> Green v. Allen, 2006 U.S. Dist. LEXIS 63007 (E.D. Mich. January 12, 2006).<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading