Tuesday, April 05, 2011

Reasonable Suspicion Supported Detention

US v. McHugh, -- F.3d --, 2011 WL 1226486 (10th Cir. 4/4/11) (OK) - there was reasonable suspicion to justify officers' detention of individuals reported to dispatch by an apartment complex security officer. The suspects were in a high-crime area late at night when officers ordered them to exit their vehicle; they were reported to have a weapon; the security officer had a track record of reliability with officers; and the suspects exhibited furtive, evasive, and defiant conduct in their encounter with the security officer.

US v. Flood, -- F.3d --, 2011 WL 1226483 (10th Cir. 4/4/11) (Utah) - agreement to waive statute of limitations was valid despite not being entered in open court. There was no need for identification of specific constitutional rights that were waived by the agreement because the limitations period was imposed by federal statute, not the Constitution. IAC claim was unsupported by a sufficiently developed record and the district court should have declined to reach the issue.