Defendant ignored police commands and was walking away form them when he was told to put his hands up. Instead, he reached into his waistband and tossed the gun he had. Even if the prior search of his backpack was illegal, that was an intervening act and he wasn’t seized when he threw the gun. United States v. McClendon, 2013 U.S. App. LEXIS 8094 (9th Cir. April 19, 2013).*
The stop was based in part on information from a CI, traveling in tandem and following too close, and that was reasonable suspicion which led to a plain view of heroin. United States v. Espino-Urvan, 2013 U.S. Dist. LEXIS 58470 (S.D. N.Y. April 23, 2013).*
The claim that plaintiff’s children were not allowed to attend his federal criminal trial except with state DHS workers is not a constitutional claim, including a Fourth Amendment claim. Santos v. Sec'y of D.H.S., 2013 U.S. App. LEXIS 8299 (3d Cir. April 24, 2013).*
Defendant’s search at CBP at ATL was a border search, and the cocaine found in his suitcase was lawfully seized. United States v. Wallace, 2013 U.S. Dist. LEXIS 58319 (N.D. Ga. March 21, 2013).*
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