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Traffic conviction collaterally estops challenge of stop in federal criminal case

By John Wesley Hall, Jr.

Conviction on a traffic charge is collateral estoppel to the question of whether there was cause for the stop in a federal criminal prosecution arising from the stop. Also, the officer could put defendant in the patrol car, and this defendant had no standing in the pockets of his codefendant. United States v. Delano, 2008 U.S. Dist. LEXIS 18354 (N.D. Ohio February 26, 2008): In this case, Defendant Delano was a party to the traffic ticket judgment, there is a final judgment on the merits of that ticket, the probable cause was decided, was necessary to the judgment, and it is identical to the question here. As such, the Court finds that Defendant Delano is collaterally estopped from claiming that Deputy Cleveland did not have probable cause to detain him for a traffic violation...continue to full post

Full post as published by Fourth Amendment on March 13, 2008 (boomark / email).