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Criminal Law

: Fourth Amendment

N.D.Iowa: Recent drug transactions justified stop and felony arrest

By John Wesley Hall, Jr.

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Knowledge that the passenger in a vehicle that was stopped had just been involved in a drug transaction was justification for a pat down. United States v. Hardy, 2009 U.S. Dist. LEXIS 70 (N.D. Iowa January 5, 2009), relying on United States v. Oliver, 2008 U.S. App. LEXIS 26394, 2008 WL 5333835 (8th Cir. December 23, 2008).* Similarly, a felony stop at gunpoint is justified by knowledge of a just occurring hand-to-hand drug transaction. United States v. Brewer, 2009 U.S. Dist. LEXIS 71 (N.D. Iowa January 5, 2009).* The question was probable cause for arrest, and it isn't the level of proof required for conviction [not that appellant actually argued that]. Here, the police sufficiently corroborated the CI to justify the stop. Pullan v. State, 2008 Ark...continue to full post

Full post as published by Fourth Amendment on January 07, 2009 (boomark / email).

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