Criminal Law
: Fourth AmendmentOfficer cannot patdown a person as a matter of course before putting that person in a police car
By John Wesley Hall, Jr. (all)
An officer cannot patdown a person as a matter of course before putting that person in a police car without reasonable suspicion. State v. Brockel, 2008 ND 50, 2008 N.D. LEXIS 44 (March 20, 2008): [*P11] The State argues that even if there was no reasonable suspicion, the pat-down was justified because Brockel consented to the search. Voluntary consent is an exception to the warrant requirement. State v. DeCoteau, 1999 ND 77, P9, 592 N.W.2d 579. "The existence of consent is a question of fact to be determined from the totality of the circumstances." State v. Graf, 2006 ND 196, P10, 721 N.W.2d 381. Mere acquiescence to police authority is not sufficient to show consent; it must be definitive. State v. Genre, 2006 ND 77, P20, 712 N.W.2d 624...continue to full post
Full post as published by Fourth Amendment on March 24, 2008 (boomark / email).

Unbuckled seatbelts and prior gun case do not justify "officer safety" patdown
Drugs found in "officer safety" pat-down were properly suppressed. No reason to believe that driver and passenger (defendant Wilson) were armed or dangerous, and therefore no reason to pat down defendant Wilson, when they are pulled over for seatbelt violations, even though the driver was rambling to police and admitted that he previously served federal time on a gun charge...
Do you know this person?
From KCPD: The KCMO Police Homicide Unit is requesting the public?s assistance in identifying the person in the attached photo...
Birmingham police officer arrested for attempted murder www.privateofficer.com
Birmingham police officer charged with attempted murder www.privateofficer.com Birmingham Al May 5 2008 By: Rick McCann Ntl...
Former Palisade Colorado Police Officer Patrick Casey Arrested, Jailed, Charged With Molesting 2 Foster Children For 10+ Years - Palisade Police Wouldn’t Investigate, Citing Statute Of Limitations
MESA COUNTY, ARIZONA - A former Palisade police officer faces 34 felony charges for sex assault on a child and sex assault by a person in a position of trust in the alleged assaults on two girls formerly entrusted in foster care to the officer and his wife for more than a decade, according to [...
NY Bicyclist Tackled by N.Y.C. Police Officer
I hate to see anyone hurt. I really hate to see someone hurt intentionally. But I really, really hate to see someone who is supposed to protect the public, intentionally injure a person...
New Mexico Officer Accidentally Shoots and Kills Himself
Albuquerque police Lt. Todd Parkins tragically died Wednesday morning after he shot himself in the chest by accident...
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
How can I get my parents away from my bulling brother?
First of all, if you are paying your lawyer, you should not be on the back burne...
How do you recover money from a stop payment placed on a personal check given to you?
you can always take them to small claims court and sure them for 3 times the amo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
Can driving accident be cause for termination?
If your state is an at-will state, the company can fire you for any reason or fo...
Oklahoma Bacterial Outbreak
One Person Dead, 14 Hospitalized
Police Officer Slander
City of Detroit agrees to $25,000 settlement.
Police Whistleblower
Officer awarded $980,000 for whistleblower violations and retaliation.
Police Officer
City of Tonawanda awards former employee $47,000 wrongful termination settlement.
Boat Crash
Police officer awarded $100,000 settlement after crashing into bridge piling while on duty.
New York City
$1.5 million settlement after a family of four was killed by an off duty drunken police officer.

How can I get my parents away from my bulling brother?
First of all, if you are paying your lawyer, you should not be on the back burne...
How do you recover money from a stop payment placed on a personal check given to you?
you can always take them to small claims court and sure them for 3 times the amo...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
Can driving accident be cause for termination?
If your state is an at-will state, the company can fire you for any reason or fo...







