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Criminal Law

: Fourth Amendment

E.D.Pa.: NCIC report of fugitive associated with car valid basis for stop

By John Wesley Hall, Jr.

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NCIC report that car was associated with a fugitive was sufficient basis for stop. "The NCIC report indicated that the Cadillac was associated with a wanted fugitive, providing probable cause to believe that the car contained either evidence related to the alleged rape-robbery or evidence of the fugitive's whereabouts in the event that Pace turned out not to be the wanted man." Court does not reach standing and suggests that he might still have had standing because he was a short term borrower of the car. United States v. Pace, 2010 U.S. Dist. LEXIS 141131 (E.D. Pa. February 8, 2010).* The officers here lacked reasonable suspicion for defendant’s stop in a high crime area because he was carrying a beer can and was walking, maybe a little faster, toward his house and ignored the police when they called to him as he tried to enter his house...continue to full post

Full post as published by Fourth Amendment on February 10, 2011 (boomark / email).

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