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SD: Low crime rural area activity was reasonable suspicion

By John Wesley Hall, Jr.

Suspicious conduct in a low crime rural area was worthy of looking into, and that quickly developed into reasonable suspicion. State v. Noteboom, 2008 SD 114, 2008 S.D. LEXIS 154 (November 25, 2008). The fact the D.C. jail permitted U.S. Marshals to take custody of plaintiff and serve an arrest warrant on him is not a Fourth Amendment claim. Bailey v. United States Marshal Serv., 2008 U.S. Dist. LEXIS 97061 (D.D.C. November 3, 2008)*: Bailey cannot derive a personal constitutional tort from an issue of comity between two sovereigns. Bailey cites several cases which involved a dispute between two sovereigns regarding personal jurisdiction of one in custody. But here, there was no dispute between two sovereigns. According to the complaint, Bailey's custodian, the District of Columbia, willingly relinquished custody upon request of the federal marshals presenting a facially valid arrest warrant...continue to full post

Full post as published by Fourth Amendment on December 03, 2008 (boomark / email).