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Criminal Law

: Fourth Amendment

Utah probation searches are constitutional

By John Wesley Hall, Jr.

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Utah probation search was based on reasonable suspicion and was constitutional. United States v. Stewart, 2008 U.S. App. LEXIS 8083 (10th Cir. April 15, 2008) (unpublished).* Unusual travel plans, while not completely implausible, were implausible enough for reasonable suspicion. United States v. Gonzalez, 2008 U.S. App. LEXIS 8037 (10th Cir. April 14, 2008) (unpublished).* Asking a motorist if the officer can ask more questions before the driver leaves is not unconstitutional. "Here, it is clear that Kirkland was informed that he was free to leave and then voluntarily consented to further questioning. As noted above, Rogers asked, 'Mr. Kirkland, before you go, do you mind if I ask you a couple questions?' to which Kirkland replied, 'Go ahead...continue to full post

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

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Indianapolis
alleging the city's police are overly aggressive against the homeless in violation of the protection of free speech and unreasonable searches guaranteed in the US Constitution.

Probation User Fees
Clark County Council pays $1.1 million settlement after misappropriating funds.

Immigration and Customs Enforcement
alleging government agencies and officials violated immigrant workers' constitutional rights.

Right-of-Way
City of Hastings pays preacher $1 settlement and $10,000 in legal fees for constitutional right violations.

Cowboy Hat
Lincoln County pays citizen $10,500 settlement for Constitutional Rights violations.

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