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VI: Stop without RS gave everybody standing to challenge search of the vehicle

By John Wesley Hall, Jr.

Police got an anonymous call about shots fired from a “dark” SUV, and they went to the area. They stopped the first “dark” SUV they saw, ordering the occupants to the ground at gunpoint. Nothing on the 911 call audio supported its reliability. The stop was without reasonable suspicion, and, under United States v. Mosley, 454 F.3d 249, 251 (3d Cir. 2006), everybody in the car had standing because the stop was invalid. People v. Isaac, 2011 V.I. LEXIS 13 (Super. Ct. March 8, 2011).* The government had a search warrant for a business for visa fraud involving people from India. In executing the warrant, the officers found evidence of visa fraud of people from Mexico. The warrant was not overbroad because the records of multiple business shells were contemplated and found to launder the money...continue to full post

Full post as published by Fourth Amendment on March 22, 2011 (boomark / email).