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Tuesday, August 10, 2010

Ind. Decisions - One Indiana case decided today by 7th Circuit; and a FACTA decision

In US v. Robinson (ND Ind. Judge Springmann), a 10-page opinion, Judge Wood writes:

Riding around in a car with cocaine in one’s pocket is not, generally speaking, a good idea, given the myriad reasons why the police might legitimately stop the vehicle. A stop based on a traffic violation is what tripped up Jermarcus Robinson on the afternoon of June 16, 2008. Robinson was a passenger in the car driven by his friend David Robinson (no relation) that day. (We refer to the defendant as Robinson and to his friend as David Robinson.) One thing led to another after Officer Shane Pulver ordered the car to pull over, and before long, the police found a plastic bag with 54 grams of crack cocaine gripped between Robinson’s buttocks. This prosecution for possession with intent to distribute in violation of 21 U.S.C. § 841(a)(1) followed. The only question on appeal is whether there is some reason for suppressing the drugs Robinson was trying to hide. We conclude, as did the district court, that the answer is no, and thus that the conviction should stand. * * *

Whether an officer has a reasonable suspicion to support a Terry frisk is a “fact-specific” inquiry that looks at the “totality of the circumstances” in light of “common sense and practicality.” E.g., United States v. Adamson, 441 F.3d 513, 521 (7th Cir. 2006). The proper way to view this encounter with the police, we conclude, is as a single event, not two or three different stages.

In Shlahtichman v. 1-800 Contacts (ND Ill.), a 19-page opinion, Judge Rovner writes:
After Eduard Shlahtichman purchased contact lenses over the Internet, 1-800 Contacts, Inc. emailed him a confirmation of his order which reflected the expiration date of his credit card. The Fair and Accurate Credit Transactions Act of 2003 (“FACTA”) prohibits a vendor who accepts a credit or debit card as a means of payment from “print[ing] more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction,” 15 U.S.C. § 1681c(g)(1); the prohibition “appl[ies] only to receipts that are electronically printed,” as opposed to those on which the credit or debit card information is written by hand or taken by imprint or photocopy, § 1681(c)(g)(2). Did 1-800 Contacts “electronically print” the expiration date of Shlahtichman’s credit card, and thereby violate FACTA, by including it in the email? This is a question of first impression at the appellate level. We answer that question in the negative and affirm the dismissal of Shlahtichman’s complaint.

Posted by Marcia Oddi on August 10, 2010 01:19 PM
Posted to Ind. (7th Cir.) Decisions