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After acquired information may nullify a stop at that point, but not retroactively if there is cause

By John Wesley Hall, Jr.

After acquired information may nullify probable cause for an arrest tor continued detention, but the question is what the officers knew at the beginning as to the legality of the stop. Here, the after acquired information nullified one offense but not another. United States v. Creighton, 2008 U.S. App. LEXIS 10115 (10th Cir. May 8, 2008) (unpublished).* Certificate of appealability on a 2254 claim is denied. As to the Fourth Amendment claim, defendant had no standing, effectively reaching the merits of the claim. Stone v. Powell mentioned in passing as an alternative ground. Long v. Roberts, 2008 U.S. App. LEXIS 10114 (10th Cir. May 8, 2008).* Search of defendant's computer was shown to be voluntary on the totality of circumstances. United States v...continue to full post

Full post as published by Fourth Amendment on May 11, 2008 (boomark / email).