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

Criminal Law

: Fourth Amendment

CA9: While officer may have lacked RS for stop, defendant's flight created RS

By John Wesley Hall, Jr.

Defendant was not seized by his attempted seizure, and his Fourth Amendment rights were not violated by the attempted seizure. He fled, and that gave reasonable suspicion if there was none in the first place. United States v. Smith, 2011 U.S. App. LEXIS 2122 (9th Cir. February 3, 2011). There was no clear error in the district court’s finding that the consent was general and not just for a protective sweep. United States v. Beltran, 2011 U.S. App. LEXIS 2167 (2d Cir. February 2, 2011) (unpublished).* The officers in this case had a reasonable belief that a runaway child was in plaintiff’s house, and that was the exigent circumstance for the entry into the house. Smith v. Ray, 2011 U.S. App. LEXIS 2191 (4th Cir. February 2, 2011) (unpublished)...continue to full post

Full post as published by Fourth Amendment on February 06, 2011 (boomark / email).