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"[T]he Fourth Amendment is not implicated simply because an individual violates state law."

By John Wesley Hall, Jr.

"It is well-established that 'the Fourth Amendment is not implicated simply because an individual violates state law.' Armstead v. Township of Upper Dublin, 347 F. Supp. 2d 188, 194 (E.D. Pa. 2004) (discussing an arrest outside the officer's jurisdiction in apparent violation of the MPJA). See also, Baker v. McCollan, 442 U.S. 137, 144 (1979). McDonald v. Darby Borough, 2008 U.S. Dist. LEXIS 77774 (E.D. Pa. October 2, 2008).* Evidence supported the conclusion that the consent had apparent authority to consent. United States v. Torres, 2008 U.S. App. LEXIS 20983 (5th Cir. October 2, 2008) (unpublished).* In ruling on all motions pending in a case, the defendant filed a motion to suppress a warrantless search, but the government contended it was with a warrant and provided it, and no further explanation was filed...continue to full post

Full post as published by Fourth Amendment on October 07, 2008 (boomark / email).