City’s order that the plaintiff not be permitted into the municipal building without being accompanied by a police officer was not a “seizure.” Deninno v. Municipality of Penn Hills, 2007 U.S. Dist. LEXIS 6995 (W.D. Pa. January 31, 2007):<\/p>\n
Plaintiff cannot be said to have been “seized” by defendant Costa’s directive, nor was his freedom to move about the municipal building restricted in any significant way; any harm caused by plaintiff’s brief wait for an available police officer to accompany him is de minimis and does not amount to a constitutional deprivation. Plaintiff also attempts to massage the Fourth Amendment claim into an equal protection claim, but he points to no evidence to show that other similarly situated residents of Penn Hills behaved in like manner and were not subject to a directive that he or she be accompanied by a police officer while in the building, nor does he offer any evidence that his speech or any other First Amendment activities were curtailed in any way by the directive. These claims must be resolved, therefore, in favor of defendants.<\/p><\/blockquote>\n
Court credits officer’s testimony over defendant’s that defendant consented to a search of his car. They first talked in English, and, when asked for consent, the defendant stared blankly, so the officer continued in Spanish. The videotape supported the government’s claim of consent. United States v. Sanz, 2007 U.S. Dist. LEXIS 7105 (N.D. Ind. January 30, 2007).*<\/p>\n
“Hash values” on a computer file in a probable cause showing for a computer search are sufficiently different to establish probable cause. United States v. Cartier, 2007 U.S. Dist. LEXIS 7119 (D. N.D. January 30, 2007).*<\/p>\n
Stop was validly based on traffic offense of loud muffler and the officer saw a ball of meth in plain view. [The stop was essentially pretextual but with a valid factual basis.] United States v. Cousins, 2007 U.S. Dist. LEXIS 7293 (W.D. Va. February 1, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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