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All Writs Act permits court order for fingerprints

By John Wesley Hall, Jr.

Officers received an anonymous report of drug dealing on a city street, and they responded. They got inside to talk to defendant about it and ran warrants on him. The stop and entry were all without reasonable suspicion and suppressed. People v. Martinez, 2009 Colo. LEXIS 163 (January 20, 2009).* Plaintiff who was detained under an order to serve 135 day sentence was lawfully detained, and fingerprinting and processing did not violate the Fourth Amendment. Wormley v. United States, 2009 U.S. Dist. LEXIS 14118 (D. D.C. February 24, 2009).* The All Writs Act, 28 U.S.C. § 1651, permits the government to seek fingerprints from the defendant, and probable cause is not required, although it is present. United States v. Davis, 2009 U.S. Dist. LEXIS 13965 (N...continue to full post

Full post as published by Fourth Amendment on February 26, 2009 (boomark / email).