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D.Alaska: Search of defendant passenger's person was justified by dog alert on passenger side but no drugs in car

By John Wesley Hall, Jr.

The stop of the vehicle defendant was riding in was valid, and the continuation of the stop was de minimus. A dog alerted on the passenger side, and no drugs were found in the car. It was reasonable to then search the defendant’s person. United States v. Fox, 2010 U.S. Dist. LEXIS 70327 (D. Alaska July 13, 2010).* Defendnat’s Fourth Amendment rights were not violated by recording conversations from the jail. Defendant also raised a First Amendment free speech claim that monitoring the phone calls chills free speech rights to complain about the criminal charges. Even if it applied, the exclusionary rule does not apply to First Amendment violations. United States v. Korbe, 2010 U.S. Dist. LEXIS 70419 (W.D. Pa. July 14, 2010).* Defendant’s § 2255 Fourth Amendment claim by an amended petition was time barred...continue to full post

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