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CA5: Search of defendant's car based on his nervousness was unjustified

By John Wesley Hall, Jr.

Search of defendant's car after defendant was placed in the police car was not justified by any exigent circumstance or reasonable suspicion that a weapon or evidenc would be found, so the trial court should have suppressed. The nervous behavior testified to by the officer was insufficient to constitute a belief in a threat. United States v. Thibodeaux, 2008 U.S. App. LEXIS 8955 (5th Cir. April 24, 2008) (unpublished).* Plaintiff's civil rights claim was correctly dismissed as completely frivolous on SOL grounds. Also, part of the claim was directed at Fourth Amendment claims, and one was barred by Heck and one would not have been. Palmer v. City of Harrisburg, 2008 U.S. App. LEXIS 9122 (3d Cir. April 25, 2008) (unpublished).* Summary judgment was properly granted the city against the plaintiffs for the warrant to enter their property for code violations since they never contested the validity of the warrant or the cause for issuance...continue to full post

Full post as published by Fourth Amendment on April 27, 2008 (boomark / email).