Thursday, April 14, 2005

The case of the Cumberland Gap speeder

I've been cogitating over this opinion for a few days, and it appears that in U.S. v. Hall, that the defendant's arrest might have been illegal but even if it was, there was enough evidence separate and apart from whatever the guy said after he was arrested to support his conviction.

So, does that mean he can sue the arresting officer on some kind of Bivens claim? And, what could he get for it?

It is an interesting case involving a fellow who was spotted speeding through the tunnel in the national park at Cumberland Gap but was not arrested until another officer saw him in beautiful downtown Middlesboro, KY, outside the park service's domain.

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