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Criminal Law

: Fourth Amendment

Flight from ATM machine was reasonable suspicion when officer pulled up

By John Wesley Hall, Jr.

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Officers had a 911 call about suspicious characters at an ATM machine, and one rolled up, they saw the officers and "fled" from the scene. While flight alone would not be enough, the actions here, analyzed in [painful] detail, added up to reasonable suspicion. United States v. Pasca, 2008 U.S. Dist. LEXIS 30832 (W.D. Pa. April 14, 2008).* Controlled buy from a corroborated CI is probable cause for issuance of a search warrant. United States v. Sampson, 2008 U.S. Dist. LEXIS 30742 (M.D. Pa. March 31, 2008).* Plaintiff's conviction for assaulting a police officer barred this civil claim for excessive force under Heck because, as pled, the complaint attacked the basis of conviction. The question is what was pled, not could have been pled. Beverly v...continue to full post

Full post as published by Fourth Amendment on April 17, 2008 (boomark / email).

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