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Criminal Law

: Fourth Amendment

MS: Choice of law question was irrelevant to outcome

By John Wesley Hall, Jr.

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Choice of law question (Kansas where search occurred or Mississippi where the trial occurred) was essentially irrelevant where neither party argues in their briefs that the outcome would be different. There was probable cause for defendant’s arrest. Gillett v. State, 2010 Miss. LEXIS 337 (July 1, 2010). Touching the fog line 16 times was reasonable suspicion for a stop. State v. Mohl, 2010 ND 120, 2010 N.D. LEXIS 118 (June 30, 2010).* The stop of the defendant was justified by reasonable suspicion that he was involved in a murder. “The only police conduct that fairly may be characterized as coercive was the action undertaken by the officers in blocking the defendant's vehicle to ensure that he would not leave the area before they could speak to him...continue to full post

Full post as published by Fourth Amendment on July 04, 2010 (boomark / email).

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