Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Park ranger's stop with probable cause off park was not a Fourth Amendment violation under Moore

By John Wesley Hall, Jr.

Park Ranger's stop of defendant off park property with probable cause was not a Fourth Amendment violation under Moore v. Virginia. United States v. Strasnick, 2008 U.S. Dist. LEXIS 45353 (D. Mass. June 10, 2008)*: While it is quite perspicuous that Ranger LaMere lacked the statutory authority necessary to lawfully arrest Strasnick off of federal property, it is not necessary for this Court to decide whether Strasnick's initial Terry detention and subsequent transfer amounted to a de facto arrest. In accordance with Jones, Ranger LaMere's lack of statutory authority to arrest Strasnick is not a per se violation of her Fourth Amendment rights. See Jones, 428 F. Supp 2d at 502. The Fourth Amendment protects against "unreasonable searches and seizures...continue to full post

Full post as published by Fourth Amendment on June 15, 2008 (boomark / email).