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

Criminal Law

: Fourth Amendment

NM: No PC shown for arrest of passenger, too

By John Wesley Hall, Jr.

There was no probable cause for arrest of a backseat passenger in a car from which a drug deal had earlier been done. Officers here were directed to stop and arrrest everybody, but there were no facts to tie defendant to the crime. State v. Morales, 2008 NMCA 102, 2008 N.M. App. LEXIS 78 (May 15, 2008), certiorari denied, No. 31,152, June 26, 2008: [*14] "[A] person's mere propinquity to others independently suspected of criminal activity does not, without more, give rise to probable cause to search that person." Ybarra v. Illinois, 444 U.S. 85, 91 (1979). Rather, "some additional circumstances from which it is reasonable to infer participation in a criminal enterprise must be shown." United States v. Burrell, 963 F.2d 976, 986 (7th Cir. 1992) (internal quotation marks and citation omitted)...continue to full post

Full post as published by Fourth Amendment on August 18, 2008 (boomark / email).