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E.D. Pa. permits strip search class action to proceed against private jail

By John Wesley Hall, Jr.

Defendant's blanket assertions, without backup from the witness, that the woman in control of the premises where he allegedly stayed retrieved his gun under coercion by the police was insufficient to show that consent was not valid or he had standing in the first place. United States v. Brewster, 2009 U.S. Dist. LEXIS 25849 (D. Idaho March 27, 2009)* (This seems a little harsh. Is the court saying an affidavit from her would have gotten him a hearing? The court adds that he can cross-examine her at trial, but that would not permit suppression, would it?) Informant's untruthfulness does not get you a hearing under Franks. United States v. Tunnell, 2009 U.S. Dist. LEXIS 25537 (D. Del. March 25, 2009).* In a local jail strip search class action case, the defendants' argue that Bell v...continue to full post

Full post as published by Fourth Amendment on April 02, 2009 (boomark / email).