{"id":596,"date":"2007-05-28T10:49:28","date_gmt":"2006-11-30T22:03:07","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2006-11-30T22:03:07","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=596","title":{"rendered":"Alleged administrative search of medical practice was a law enforcement search and was invalid"},"content":{"rendered":"

The administrative search exception was used to conduct a search of a medical practice, but the Kentucky Supreme Court held that the administrative search exception of Burger v. New York,<\/em> assuming it applied, did not apply because this was a law enforcement search because law enforcement was working the case for six months before the administrative search was conducted. Williams v. Commonwealth, 213 S.W.3d 671 (Ky. 2006):<\/p>\n

In this case, an active criminal law enforcement investigation had been ongoing for six months prior to the engagement of the administrative agency in this case. The Board of Medical Licensure did not initiate a civil investigation into the matter until a formal grievance was filed by the criminal investigators. When the Board’s investigation proceeded, it was in complete conjunction with the uninterrupted criminal investigation. Indeed, not only did the criminal investigators supply the Board with all underlying facts and evidence to support its investigation, but the criminal investigators also determined which files were to be seized by the Board and then accompanied and assisted the Board during the actual raid. Such excessive entanglement with law enforcement simply belies any notion that the warrantless raid in this case was somehow “divorced from the State’s general interest in law enforcement.” Ferguson, supra,<\/em> at 79, 121 S.Ct. at 1289; see also, New Jersey v. T.L.O.,<\/em> 469 U.S. 325, 341, n. 7, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (distinguishing searches carried out by administrative authorities “acting alone and on their own authority” from those conducted “in conjunction with or at the behest of law enforcement agencies”).<\/p><\/blockquote>\n

Reasonable suspicion as to the place defendant came from extended to him. State v. Smith, 2006 La. App. LEXIS 2697 (5th Cir. November 28, 2006):<\/p>\n

We find the totality of the circumstances support the trial judge’s finding of reasonable suspicion of criminal activity. Although the record does not disclose that the officer had specific information about the defendant, he did have information that drugs were being sold out of the particular apartment the defendant visited. All of the factors together, including this experienced officer’s observation of the apparent hand-to-hand transaction outside of an apartment under surveillance for narcotics activity in a high crime area, and the fact that the officer had made other narcotics arrests there, formed reasonable suspicion of criminal activity to support an investigatory stop.<\/p><\/blockquote>\n

Defendant did not engage in headlong flight from the police, and the state failed to show it, and, thus, the state failed to show that there was reasonable suspicion. Rainer v. State, 944 So. 2d 115 (Miss. App. November 28, 2006), on rehearing from Rainer v. State, 2005 Miss. App. LEXIS 917 (November 22, 2005) (reaching same result).<\/p>\n

News:<\/strong> Dec. 1st’s Atlanta Journal-Constitution reports that two of the officers in the drug raid that led to the death of Kathryn Johnston had good job ratings<\/a>:<\/p>\n

The five Atlanta narcotics officers involved in a drug raid that ended in the death of an elderly woman have earned mostly top job performance ratings, and their personnel files don’t indicate they have ever been disciplined for misconduct.<\/p>\n

Two of the officers have received commendations from Chief Richard Pennington for their work in drug cases.<\/p>\n

. . .<\/p>\n

The personnel files on the officers contain a number of documents.<\/p>\n

They include standardized job appraisal forms, oath of office forms, personnel data sheets, personal weapons requests, commendations, and police academy information.<\/p>\n

Nothing in the personnel records for the five officers suggests they would likely be embroiled in such a controversial case.<\/p><\/blockquote>\n

The state and federal investigation continues.<\/p>\n","protected":false},"excerpt":{"rendered":"

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