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D.Mass.: Extraterriorial arrest by U.S. Park Ranger did not violate Fourth Amendment

By John Wesley Hall, Jr.

U.S. Park Ranger stopped the defendant outside a park for an offense seen in the park. While the stop was extraterritorial under his statutory authority, it did not violate the Fourth Amendment under Virginia v. Moore. United States v. Ryan, 2010 U.S. Dist. LEXIS 78510 (D. Mass. August 4, 2010).* Defendant’s traffic stop was lawful, and the officer saw a Vicodin pill bottle in plain view, the subject of the investigation. United States v. Adams, 2010 U.S. Dist. LEXIS 78535 (E.D. Mich. August 4, 2010).* The arrest warrant justified the entry into defendant’s residence to look for him. The proffered alternative justification by the government of protective sweep is rejected because there is no clear showing that it was necessary...continue to full post

Full post as published by Fourth Amendment on August 06, 2010 (boomark / email).