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E.D.Pa.: Violation of state law as to officer's jurisdiction for arrest not a Fourth Amendment issue

By John Wesley Hall, Jr.

Defendant’s arrest allegedly in violation of state law as to the officer’s jurisdiction was irrelevant under the Fourth Amendment. United States v. Johnson, 2010 U.S. Dist. LEXIS 51961 (E.D. Pa. May 26, 2010).* Officer could smell marijuana coming from the car after defendant’s stop, and that justified a search of the car. United States v. Lewis, 2010 U.S. App. LEXIS 10872 (4th Cir. May 27, 2010).* Application of Randolph to petitioner’s case was dealt with in the military courts, so it was not cognizable in habeas, even assuming that habeas review was possible from the military courts. Garcia v. Commandant, United States Disciplinary Barracks, 2010 U.S. App. LEXIS 10848 (10th Cir. May 27, 2010) (unpublished).*

Full post as published by Fourth Amendment on May 31, 2010 (boomark / email).