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Defendant was free to leave traffic stop when second officer started walking back to his car

By John Wesley Hall, Jr.

Defendant consented to talk to the officers because the circumstances indicated he was free to leave. A second officer involved in the stop was heading back to his car when the first officer asked about consent. United States v. Collins, 2008 U.S. Dist. LEXIS 50344 (M.D. Ala. July 1, 2008).* Defendant was not entitled to CI's identity that led to issuance of the search warrant. The charge was based on the surveillance of defendant after the warrant was issued, and the CI had nothing to do with that. State v. Messam, 2008 Conn. App. LEXIS 332 (July 1, 2008).* No Fourth Amendment claim lies for a traffic stop for talking on a cellphone without a handsfree device. There is no dispute that plaintiff was violating the ordinance, and the officers were entitled to qualified immunity at the minimum...continue to full post

Full post as published by Fourth Amendment on July 06, 2008 (boomark / email).