United States Eighth Circuit

In a 42 U.S.C. section 1983 action alleging, inter alia, that defendants-officers violated his rights under the Fourth Amendment by stopping his car without probable cause and by recording one side of a conversation between defendant and his attorney, rulings in favor of plaintiff on certain claims are reversed where: 1) an officer had probable cause to stop plaintiff for improper use of his hazard lights; 2) district court erred in holding that the act of recording plaintiff's speech during the telephone conversation with his attorney was an unconstitutional search, as he had no reasonable expectation of privacy in what he said during the call.

Appellate Information

• Decided 01/17/2008
• Published 01/17/2008

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, BEAM, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jason M. Hiveley, argued, Bloomington, MN (Jon K. Iverson, on the brief), for appellant.


• For Appellees:
  
• Kyle E. Hart, argued, Minneapolis, MN (Kristine Kroenke, on the brief), for appellee.