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Defendant's denials do not cause reasonable suspicion to evaporate

By John Wesley Hall, Jr.

When activity appears to be suspicious, officers do not have to take at face value the detainee's denials or explanations such that reasonable suspicion does not evaporate judge because of the defendant's denial. United States v. Kinsella, 2008 U.S. Dist. LEXIS 23544 (D. Me. March 19, 2008).* Informant was shown to be reliable by corroboration. United States v. Taylor, 2008 U.S. App. LEXIS 6281 (8th Cir. March 27, 2008).* Stop of defendant's truck was valid because the officers were looking for defendant's brother for whom they had a warrant and who could have been in the truck. That supported a plain view in the truck. United States v. Shields, 2008 U.S. App. LEXIS 6288 (8th Cir. March 27, 2008).* Civil case for knock and announce violation was not subject to summary judgment for qualified immunity because there were sufficient facts to go to trial on the failure of the officers to have exigent circumstances...continue to full post

Full post as published by Fourth Amendment on March 28, 2008 (boomark / email).