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Search incident two hours later was still valid

By John Wesley Hall, Jr.

Probable cause was lacking, but not so lacking that the search was invalid under the good faith exception. Defendant was handcuffed and removed to a police station, and this was an arrest despite the officer's not believing it was. The fact the search incident was two hours later did not void the search. United States v. Smith, 2008 U.S. App. LEXIS 24324, 2008 FED App. 0435P (6th Cir. December 2, 2008).* Defendant's stop was valid under Terry for two apparent traffic violations. He consented after that. United States v. Ferrying, 2008 U.S. Dist. LEXIS 97694 (N.D. Okla. December 2, 2008).* Plaintiff's civil case was barred by Heck. "Wilson's version of the incident necessarily implies that her convictions were unlawful. In essence, Wilson claims that she was not behaving in any manner that would justify the use of force by either officer...continue to full post

Full post as published by Fourth Amendment on December 05, 2008 (boomark / email).