Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

No agency relationship with police where defendant's mother told them about incriminating letter then retrieved it at their suggestion

By John Wesley Hall, Jr.

Defendant's mother found an incriminating letter and called the police. They sent her back inside to retrieve it. Because she independently when she called the police, there was no agency relationship with the police when they asked her go get the letter. State v. Betts, 2008 Conn. LEXIS 88 (March 18, 2008). Brendlin governs standing to challenge a stop while Rakas still governs standing to challenge a vehicle search. The detention after to stop is governed by Terry. United States v. Martinez, 2008 U.S. Dist. LEXIS 20930 (D. Kan. March 7, 2008).* Under Brendlin, defendant had standing to challenge his stop and the length of his own detention. Here it was reasonable. United States v. Tavarez-Rojas, 2008 U.S. Dist. LEXIS 20888 (W.D. N.C. February 21, 2008)...continue to full post

Full post as published by Fourth Amendment on March 20, 2008 (boomark / email).