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Where the purpose for the stop is immediately dispelled, it should end

By John Wesley Hall, Jr.

The purpose of the stop of defendant should have been dispelled immediately, and continuing the stop violated the Fourth Amendment. United States v. Salinas, 2008 U.S. Dist. LEXIS 50940 (W.D. Tex. June 17, 2008). A possible violation of interchange of judges between districts and the issuance of a search warrant was not cognizable under the Fourth Amendment. The law was clear before, and Moore only seals it. United States v. Franklin, 2008 U.S. App. LEXIS 14080, 2008 FED App. 0393N (6th Cir. July 1, 2008) (unpublished).* Driver's license checkpoint produced defendant's drunk driving arrest. The trial court's findings that the checkpoint was lawfully set up merely parroted the officer's testimony, and this was inadequate. Remanded for more findings...continue to full post

Full post as published by Fourth Amendment on July 08, 2008 (boomark / email).