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Plaintiff who won his motion to suppress loses on summary judgent in § 1983 case

By John Wesley Hall, Jr.

Plaintiff's motion to suppress had been granted by the state trial court, and he sued under § 1983. He lost on summary judgment because there was PC for the stop and he failed to show that it was based on racial profiling. Ballard v. Heineman, 2008 U.S. App. LEXIS 24297 (8th Cir. December 1, 2008).* Car was suspicious in high crime area where it was parked with lights off and engine running, people inside, license plate that was bogus, and it moved as police car approached. United States v. Campbell, 2008 U.S. App. LEXIS 24313, 2008 FED App. 0434P (6th Cir. December 2, 2008).* Officers responding to a 911 call about threats to kill people had probable cause to believe that the person inside was the person who made the threats. Glenn v...continue to full post

Full post as published by Fourth Amendment on December 04, 2008 (boomark / email).