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CA5: Cursing at the defendant while training a gun on him may be less than professional, but maybe not under the circumstances; it certainly does not warrant suppression

By John Wesley Hall, Jr.

The officer’s cursing at defendant as he threatened to “blow [his] head off” did not itself make the stop unreasonable to require suppression. United States v. Craig, 2010 U.S. App. LEXIS 12461 (5th Cir. June 17, 2010) (unpublished). The license plates did not match the vehicle, so the officer was justified in the stop. Defendant was handcuffed and placed in the back of a police car. The search of the car was valid as a vehicle search and it was supported by plain view of crack in the car. Gant did not apply. United States v. Hunley, 2010 U.S. Dist. LEXIS 60036 (W.D. N.Y. February 26, 2010).* The trial court erred in granting a suppression motion without a hearing since the facts were controverted by the state. The issue was whether credit cards seen during the execution of a search warrant that were not in the defendant’s name could be seized as being in plain view...continue to full post

Full post as published by Fourth Amendment on June 21, 2010 (boomark / email).