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N.D.N.Y.: PV warrant authorized entry into third party's property where he would be found

By John Wesley Hall, Jr.

The officers had reasonable suspicion to believe that the defendants were engaged in drug smuggling into the Virgin Islands. The court agrees that each act individually did not rise to the level of reasonable suspicion, but collectively (as under Arvizu) they did. United States v. Mathurin, 2009 U.S. App. LEXIS 6412 (3d Cir. March 27, 2009).* Informant's tip that defendant was involved in heroin dealing was corroborated by stop with cause that showed lots of cash in the car. When defendant was out of the car, there was heroin in plain view on the floor. United States v. Walker, 2009 U.S. App. LEXIS 6296 (4th Cir. March 24, 2009) (unpublished).* Officer acted reasonably in discharging his gun in the direction of the plaintiff and bystanders where plaintiff was fleeing police on three flat tires and refused to stop...continue to full post

Full post as published by Fourth Amendment on March 30, 2009 (boomark / email).