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

Criminal Law

: Fourth Amendment

D.Neb.: Stop of men sleeping in a car was without RS

By John Wesley Hall, Jr.

The officer in this case approached a car with two sleeping occupants and ordered them out of the car for a frisk and search. This was without reasonable suspicion or consent. The USMJ’s R&R is rejected. United States v. Mayfield, 2011 U.S. Dist. LEXIS 10078 (D. Neb. February 1, 2011)*: However, the court is very troubled by the next step taken by the officers. In this case the officers asked the driver and passenger to get out of the car so they could pat down the occupants and search the car. There is nothing consensual about that request, particularly given the fact that the car was surrounded and blocked off by other police vehicles and a number of police officers. See Florida v. Bostick, 501 U.S. 429, 434 (1983) (if reasonable person feels as though he need not answer question put to him and may go his own way then no Fourth Amendment violation; Fourth Amendment invoked when it loses its consensual nature); see also United States v...continue to full post

Full post as published by Fourth Amendment on February 04, 2011 (boomark / email).