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CA10: Collective knowledge doctrine applies to misdemeanors, too

By John Wesley Hall, Jr.

The collective knowledge doctrine under the Fourth Amendment and Virginia v. Moore is not limited to felonies; it applies to misdemeanors and traffic offenses, too. United States v. Wilkinson, 2011 U.S. App. LEXIS 904 (10th Cir. January 18, 2011). The last paragraph of that dicussion: It is therefore unremarkable that courts have applied the collective-knowledge doctrine to stops for misdemeanors without any discussion about whether the doctrine applies in that context. See Pasiewicz v. Lake Cnty. Forest Pres. Dist., 270 F.3d 520, 521, 524 n.2 (7th Cir. 2001) (knowledge of officers who ordered arrest was imputed to arresting officers in public-indecency case); City of Maumee v. Weisner, 87 Ohio St. 3d 295, 1999 Ohio 68, 720 N.E.2d 507, 509-11 (Ohio 1999) (DUI in violation of municipal ordinance); State v...continue to full post

Full post as published by Fourth Amendment on January 21, 2011 (boomark / email).