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D.Del.: Welfare check search for defendant was unreasonable where officers did not find him and then continued into a tackle box for evidence

By John Wesley Hall, Jr.

Welfare check entry did not find the defendant, so continuing the search to look for defendant's property in a tackle box was unreasonable. United States v. Tarburton, 2009 U.S. Dist. LEXIS 30493 (D. Del. April 9, 2009). Officer lacked reasonable suspicion that a traffic offense had occurred, so the stop was invalid. Defendant was a passenger in a livery cab stopped by the police. United States v. Stewart, 2009 U.S. Dist. LEXIS 30462 (S.D. N.Y. April 1, 2009).* Defendant's stop for excessive noise, even if the noise ordinance was unconstitutional, was reasonable, and the exclusionary rule would not be applied to a stop based on a presumptively valid ordinance under the N.H. Constitution, and looking to Krull for guidance. State v. De La Cruz, 2009 N...continue to full post

Full post as published by Fourth Amendment on April 15, 2009 (boomark / email).