Plaintiff was arrested by a casino security guard for playing with another person’s player’s card and then disorderly conduct when confronted. Nevada law, NRS \u00a7 465.101, gives casino security the authority to arrest, and the casino turned the plaintiff over to the police. The case stance was one of plaintiff’s motion for summary judgment, but the court denied it because plaintiff’s Fourth Amendment rights were not violated, and the court invited defendants to file their own. Miura v. Riverside Resort & Casino, Inc., 2006 U.S. Dist. LEXIS 76223 (D. Nev. October 13, 2006).<\/p>\n
Stop on a bus was valid even though the officer was armed. The defendant should have felt free to ignore [the looming] officer’s questions [yeah, right]. United States v. Cuevas-Robledos, 2006 U.S. Dist. LEXIS 76300 (D. Ore. October 5, 2006):<\/p>\n
In this case, Agent Velarde was wearing the uniform of a border patrol agent and was carrying a gun in a holster when he announced generally to those in the bus station that he was a border patrol agent and wanted to see immigration papers of those who were not United States citizens. The record does not contain any evidence that Agent Velarde removed his gun from its holster or obstructed the path to the exit of the bus station until, of course, he grabbed Defendant’s arm. Although Agent Velarde did not announce the right to refuse to show the documents, this factor is not dispositive. See id.<\/em> at 201.<\/p>\n
The Court notes Defendant’s focus on Agent Velarde’s restraint of Defendant is misplaced at this step in the analysis because the Court first must look to whether Agent Velarde’s contact with people in the bus station at large was consensual. After considering the Drayton factors and the totality of the circumstances, the Court concludes a reasonable person would have felt free to decline to speak to Agent Velarde at the moment he announced he wanted to see immigration documents.<\/p><\/blockquote>\n
Plaintiff adequately alleged, inter alia, a Fourth Amendment claim for the City’s taking of his property by demolishing a building, allegedly without cause. It was alleged as a due process claim, but the “textual source” of the claim is the Fourth Amendment under Soldal<\/em>. Sula v. City of Watervliet, 2006 U.S. Dist. LEXIS 76133 (N.D. N.Y. October 19, 2006).<\/p>\n
Probable cause existed from two informants. One correctly identified the suspects including their cars [which does not mean much in itself]. The other corroborated details of drug activity, and that gave PC. United States v. Sandoval-Espana, 459 F. Supp. 2d 121 (D. R.I. October 18, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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