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PADILLA v. MILLER

No. 3:97-CV-0873.

143 F.Supp.2d 453 (1999)

Fayne DeAngelo PADILLA, and Christy Lee Padilla, his wife, Individually and as Parents and Natural Guardians of Elijah DeAngelo Padilla and Elisa Lee Padila, Plaintiffs, v. Gregory MILLER, a Pennsylvania State Trooper, Defendant.

United States District Court, M.D. Pennsylvania.

November 17, 1999.

Attorney(s) appearing for the Case

James A. Swetz, Cramer, Swetz & McManus, Stroudsburg, PA, for plaintiffs.

John G. Knorr, III, Michael L. Harvey, Amy Zapp, Office of Attorney General, Harrisburg, PA, Linda Cadden Barrett, PA Department of Education, Office of Chief Counsel, Harrisburg, PA, for defendant.

MEMORANDUM

VANASKIE, Chief Judge.

This action under 42 U.S.C. § 1983 concerns the constitutionality of a Pennsylvania State Trooper's conduct (a) in searching plaintiff Fayne DeAngelo Padilla during a traffic stop; (b) in questioning Fayne Padilla and his wife, Christy, following the completion of the traffic stop; and (c) in searching their automobile, its compartments and their luggage contained therein. Having carefully considered the testimony...

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