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Writ of attachment for children justified entry

By John Wesley Hall, Jr.

Execution of a writ of attachment which led to an entry to seize children was not unreasonable. Cooper v. Upshur County Constable's Office, 2008 U.S. Dist. LEXIS 38516 (E.D. Tex. May 12, 2008).* "The police were justified in their attempt to stop Defendant on Second Street, as discussed above, and thus to pursue him when he fled. In addition, Defendant has no expectation of privacy in any property he abandoned while being pursued by the police." United States v. Vanhoesen, 2008 U.S. Dist. LEXIS 38546 (N.D. N.Y. May 12, 2008).* Defendant was seen riding a bicycle without a headlight, and this was cause for a stop and he fled. United States v. Warren, 2008 U.S. Dist. LEXIS 38849 (D. Del. May 9, 2008).* Officer said he was stopping defendant for a turn signal violation, and that was justification for the stop...continue to full post

Full post as published by Fourth Amendment on May 15, 2008 (boomark / email).