(10th Cir. 1998). Detaining van's occupants for six minutes to await a drug sniffing dog was unreasonable seizure when officer searched van's interior and found no undocumented aliens nor reason to suspect presence of narcotics. Consent given for search was involuntary….
122 F.3d 53 (1st Cir. 19–), cert. denied — U.S. — (139 L.Ed.2d No. 7, C-7, 3/18/98). Police Chief is a policy-making official and has no right to be free from discriminatory treatment by council members based on the Chief's political views. Case involved a chief who asserted First Amendment cla…
Cite unknown, rev. denied (No. 97-1898). No double jeopardy violation where defendant is convicted of DUI and also has his driver's license suspended. State v. Huser, 265 Kan. 228, 959 P.2d 908 (1998). DUI is distinct from reckless driving, so a conviction or acquittal of one offense will not bar pr…
(11th Cir. 1998 No. 97-2146 8/29/98). Federal agents who boarded bus, showed identification, and proceeded to question passengers used coercive tactics to obtain consent to search the defendant's person, a search that yielded $3500 worth of powder cocaine. Although police do not always have a duty t…
153 F.3d 708 (6th Cir. 1998). Defendant convicted of drug and weapons possession had no legitimate expectation of privacy in a vacant house where he resided for a week but neither leased nor owned….
106 F.3d 936, (10th Cir.), cert. denied, 117 S. Ct. 2446 (1997). “The use of a 'flashbang' device in a house where innocent and unsuspecting children sleep gives us great pause. Certainly, we could not countenance the use of such a device as a routine matter. However, we also recognize that we must …
(10th Cir. No. 97-6114, filed May 5, 1998). Suspicionless police sweep of a bus in interstate travel consisting of detectives removal of luggage from overhead rack (and luggage hold) and manipulation of the bag (prior to sniffing odor of drugs) constitutes an unreasonable search and seizure. Court n…
(10th Cir. No. 02-8103, filed 9/8/2003). A narcotics detection canine's failure to alert in a first examination of a mail package did not “vindicate” the package and eliminate reasonable suspicion to require that the package be returned to the mail stream. Detaining the package for two subsequent sn…
(6th Cir. No. 97-3135 (1998). Officers conducting zero tolerance activity in high crime area saw large group of people in front of Rumph's house. Rumph was a known aggravated murder. When police drove by they saw Rumph walk quickly away and bend down and put something behind wheel of car in driveway…
149 F.3d 1238 (10th Cir. 1998). Continued warrantless detention of motor home after termination of traffic stop was not supported by reasonable suspicion….