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Coded language on wiretap supported probable cause for a vehicle stop

By John Wesley Hall, Jr.

Officers had probable cause to stop defendant and conduct a search incident based on wiretap conversations and their reasonable conclusions from coded language that the defendant would be carrying drugs at the time in question. This was opinion testimony that was unobjected to. United States v. Hayes, 2008 U.S. Dist. LEXIS 20920 (D. Kan. March 11, 2008).* Seizure of plaintiff's legal papers in prison states no claim because the Fourth Amendment does not apply in a prison. Thompson v. Aviles, 2008 U.S. Dist. LEXIS 21031 (D. N.J. March 18, 2008).* In a civil case against an allegedly unreasonable parole search, the ability of the defendants to articulate a basis is not enough for summary judgment for the defendants. Plaintiff has to be able to cross examine that basis or the protection against harassing or vexatious parole searches becomes meaningless...continue to full post

Full post as published by Fourth Amendment on March 20, 2008 (boomark / email).