Post details: A violation of state law is not a per se Fourth Amendment violation, but it can show unreasonableness

by 127001 | September 8, 2007 at 09:28 pm
347 views | 0 Recommendations | 0 comments
An arrest in Oklahoma by Arkansas officials on an Arkansas arrest warrant violated the laws of both states, and, while a violation of state law may not be a constitutional violation, it could still be unreasonable, and that would make it violate the Fourth Amendment. Therefore, plaintiff's case should proceed to trial. Engleman v. Ferguson, 2007 U.S. Dist. LEXIS 23287 (W.D. Ark. March 28, 2007).

Officers had no reasonable suspicion when they approached defendant and ordered him to take his hands out of his pockets. They could articulate no reason other than officer safety, but having one's hands in pockets is not suspicious conduct. State v. Hamilton, 2007 Tenn. Crim. App. LEXIS 278 (March 29, 2007).*

Let's just make unreasonableness a Fourth Amendment violation and have it done with. Can't even have your hands in your pockets these days. Soon they'll outlaw pockets too!

Advertisement

Comments (0)

This story was created over 3 months ago, the comment thread is now closed.

closeSign in to NowPublic

is reporting from