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CA6: Is planting drugs a Fourth Amendment violation? Interesting question, but it doesn't have to be answered, yet

By John Wesley Hall, Jr.

Plaintiff claimed that planting of drugs in a public place violated his Fourth Amendment rights, which here it wasn’t. The court leaves open the question whether a Fourth Amendment violation could occur in a different context. Papierz v. Jackson, 2009 U.S. App. LEXIS 17327, 2009 FED App. 0533N (6th Cir. August 3, 2009) (unpublished).* That defendant’s consent was valid was obvious, and defense counsel could not be ineffective for not challenging it. United States v. Bowden, 2009 U.S. Dist. LEXIS 67526 (W.D. Mich. July 30, 2009).* Motion to suppress that failed to articulate a ground was summarily denied. United States v. Smith, 2009 U.S. Dist. LEXIS 67672 (D. Minn. July 10, 2009).* Just because a piece of testimony pointed out in a brief was not discussed in the USMJ’s R&R did not mean that it was not considered...continue to full post

Full post as published by Fourth Amendment on August 08, 2009 (boomark / email).