Defendant\u2019s car was parked, and the police pulled up with blue lights on. \u201cThe Illinois Rules of the Road do not permit motorists to disregard police lights or emergency vehicles,\u201d so he was stopped, and it was without reasonable suspicion. United States v. Windom, 2010 U.S. Dist. LEXIS 114650 (S.D. Ill. October 28, 2010):<\/p>\n
When the Tahoe (lights ablaze) zipped up and parked in front of Windom\u2019s car (with the law enforcement vehicle parked at an angle facing Windom\u2019s car on the \u201cwrong side of the street,\u201d partially blocking the street) and two officers hopped out and approached Windom\u2019s vehicle, a reasonable person in Windom’s shoes would not have felt free to ignore the officers, drive off, \u201cdecline the officers\u2019 requests or otherwise terminate the encounter.\u201d Bostick<\/a>, 501 U.S. at 435-36; United States v. Drayton<\/a>, 536 U.S. 194, 202 (2002).<\/p><\/blockquote>\n
The court already upheld the search on consent to enter by apparent authority. On defendant\u2019s motion to reconsider, nothing new was added that changes the outcome. United States v. Newton, 2010 U.S. Dist. LEXIS 114740 (N.D. Ind. October 28, 2010).*<\/p>\n
Because there was no real factual issue with the probable cause for the search warrant of plaintiff\u2019s property, the qualified immunity question does not even have to be addressed. Parkey v. Sample<\/a>, 623 F.3d 1163 (7th Cir. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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