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S.D.Tex.: Stop of a city bus was with RS the defendant was on it

By John Wesley Hall, Jr.

The police stopped a city bus with reasonable suspicion to believe that the defendant would be on the bus based on observations and investigation and learning that the defendant had left the scene of the alleged crime heading to the bus stop, witnesses saw him going that way, a man [sort of] matching his description was in the back of the bus as seen from the street [considering he was black and the community was nearly all Hispanic]. United States v. Nellon, 2010 U.S. Dist. LEXIS 12536 (S.D. Tex. February 11, 2010). Severability of the parts of a warrant on a motion to suppress is preferred to suppressing everything. Elkins v. District of Columbia, 2010 U.S. Dist. LEXIS 12570 (D. D.C. February 12, 2010): By suppressing the documents seized but not the testimony of the inspectors or the photographs, the Hearing Officer followed the doctrine of severability, separately considering evidence obtained from the illegal seizure versus the valid search...continue to full post

Full post as published by Fourth Amendment on February 16, 2010 (boomark / email).