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Digging holes in the ground during execution of a search warrant for evidence of a 30 year old homicide was not unreasonable

By John Wesley Hall, Jr.

Plaintiffs § 1983 claim failed as to digging holes on their property under a search warrant for evidence from a 30 year old homicide because it was reasonable to believe some of the evidence sought would be buried. Other interpersonal actions undertaken by the police in conducting the search were sufficient to survive summary judgment. Lykken v. Brady, 2008 U.S. Dist. LEXIS 35479 (D. S.D. April 30, 2008). Tip in an anonymous 911 call that defendant had a gun was not sufficient predictive under J.L. to justify a stop and frisk. Describing clothing is essentially nothing, and possession of a gun is not illegal under Delaware law. United States v. Waterman, 2008 U.S. Dist. LEXIS 35697 (D. Del. April 30, 2008).* The traffic stop was executed reasonably quickly such that defendant was not unreasonably detained...continue to full post

Full post as published by Fourth Amendment on May 05, 2008 (boomark / email).