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ND: State statute created no REP in bank records against a mere subpoena

By John Wesley Hall, Jr.

Defendant was charged with worker’s compensation fraud after bank records were subpoenaed to the administrative hearing. State statute did not create a reasonable expectation of privacy from a subpoena instead of a search warrant issued by a neutral and detached magistrate. State v. Hammer, 2010 ND 152, 2010 N.D. LEXIS 159 (August 17, 2010). In a traffic stop, defendant had both hands out the window as the officer approached, and there was a gun on the dashboard. The officer did not have to consider the situation safe and could frisk the car for more weapons. State v. King, 2010 N.C. App. LEXIS 1555 (August 17, 2010).* Defendant was stopped on a citizen informant’s tip, and they are sufficient in themselves to create reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on August 24, 2010 (boomark / email).