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CA6: No advserse inference drawn from officer allegedly delaying turning on video in police car

By John Wesley Hall, Jr.

Court declines to infer that the officer turned on his camera intentionally late in violation of state rules just to not record the alleged violations. His testimony was credited by the district court and that was enough. Dogs alert was PC for a search. United States v. Wickersham, 2009 U.S. App. LEXIS 19127, 2009 FED App. 0608N (6th Cir. August 26, 2009) (unpublished).* Application of the good faith exception to a search is reviewed de novo. The magistrate did not abandon her neutral and detached role, it did not lack indicia of probable cause, and the warrant specified the things to be seized and the place to be searched. United States v. Cruse, 2009 U.S. App. LEXIS 19116 (11th Cir. August 26, 2009) (unpublished).* Police saw defendant riding a bicycle on a sidewalk in violation of law, and he got off the bike and the officer could see the unmistakable L shape of a gun in his jeans...continue to full post

Full post as published by Fourth Amendment on August 28, 2009 (boomark / email).