Plaintiff’s decedent was allegedly arrested falsely and struck in the legs with police batons. He hung himself in jail after the arrest. The complaint was deficient on a Fourth Amendment claim as a matter of law, but plaintiff would be given a chance to replead. Powers-Bunce v. District of Columbia, 479 F. Supp. 2d 46 (D. D.C. 2007)*:<\/p>\n
The Court recognizes, however, that, under the circumstances of this case, Plaintiff is at an informational disadvantage and must be given some leeway in stating a viable claim based on the alleged unconstitutional arrest and use of excessive force. See, e.g., Alston v. Parker<\/em>, 363 F.3d 229, 233 n.6 (3d Cir. 2004) (noting that “civil rights plaintiffs … often face informational disadvantages”). Therefore, the Court will dismiss the “unlawful stop, search, and detainment” and “excessive force” claims without prejudice.<\/p><\/blockquote>\n
Officers were able to link defendant to another name and a 1996 arrest warrant, and the search incident to that arrest was valid. United States v. Rosario, 2007 U.S. Dist. LEXIS 21637 (D. N.J. March 26, 2007).*<\/p>\n
Defendants aroused officers’ suspicions because of an unusual train itinerary. They consented to limited searches and then a search of a sleeping compartment on the train and what was in it. That included a backpack in plain sight that had cocaine in it. United States v. Freeman, 482 F.3d 829 (5th Cir. 2007).*<\/p>\n
Defendant had no expectation of privacy in recorded jail calls or cellphone records of another person. United States v. Solomon, 2007 U.S. Dist. LEXIS 21434 (W.D. Pa. March 26, 2007).*<\/p>\n
Detailed information from a named informant that ice would be coming from Washington State in a DHL package to a named person with a tracking number provided, coupled with a criminal history check of the recipient, was an adequate basis for a search warrant for the package, notwithstanding that the police dog did not alert on it. United States v. Wall, 2007 U.S. Dist. LEXIS 21674 (D. Guam March 23, 2007).*<\/p>\n
Even those under the influence of drugs can consent to a search. United States v. Purcell, 2007 U.S. Dist. LEXIS 21620 (E.D. Ky. March 23, 2007):<\/p>\n
That Crist ingested drugs and even that officers suspected as much does not automatically negate voluntariness of her consent. “Voluntary consent can be given even by a person under the influence of drugs, when that person is coherent and fails to exhibit any visible impairment.” United States v. Griffin<\/em>, 1997 WL 487325, at *2 (6th Cir. 1997).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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