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D.Kan.: Officers being out of their state who conducted a stop was not a Fourth Amendment issue

By John Wesley Hall, Jr.

Officers from Missouri were conduction surveillance when they were following defendant and they unknowingly traveled into Kansas. The fact they were outside their jurisdiction was irrelevant under the Fourth Amendment. United States v. Jones, 2010 U.S. Dist. LEXIS 59429 (D. Kan. June 15, 2010): The fact that the officers were out of their authorized jurisdiction may be relevant for purposes of state law but does not change this court's analysis for purposes of suppression. "[I]t is not the province of the Fourth Amendment to enforce state law." Virginia v. Moore, 128 S.Ct. 1598, 1607-08 (2008) (holding that a search of a person, conducted incident to an arrest that was beyond the arresting officers' authority under state law, nonetheless should be evaluated by Fourth Amendment standards for warrantless searches)...continue to full post

Full post as published by Fourth Amendment on June 18, 2010 (boomark / email).