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Criminal Law

: Fourth Amendment

SD: Indian Civil Rights Act made Indian casino hotel security guards governed by exclusionary rule

By John Wesley Hall, Jr.

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The Indiana Civil Rights Act, 25 U.S.C. § 1302(2), makes Indian casino hotel security guards governed by the exclusionary rule (surveying cases from other jurisdictions) because casino operations are a part of self-government. State v. Madsen, 2009 SD 5, 2009 S.D. LEXIS 5 (January 21, 2009). Defendant's home was not improperly seized by securing it until a warrant could be obtained where there was probable cause. United States v. Weeks, 2009 U.S. Dist. LEXIS 5841 (D. Del. January 26, 2009).* Officer who saw defendant, whom he did not recognize, in a high crime area with no trespassing signs, and defendant saw him and walked away from him, was reasonable suspicion for stop. United States v. Lashley, 2009 U.S. Dist. LEXIS 5571 (W.D. Ky...continue to full post

Full post as published by Fourth Amendment on January 31, 2009 (boomark / email).

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