Category Archives: Pretext

techdirt: Appeals Court: Driving Attentively While Black Isn’t Probable Cause For A Traffic Stop

techdirt: Appeals Court: Driving Attentively While Black Isn’t Probable Cause For A Traffic Stop by Tim Cushing:

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The Verge: A pioneer in predictive policing is starting a troubling new project

The Verge: A pioneer in predictive policing is starting a troubling new project By Ali Winston and Ingrid Burrington:

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Cato: Pretextual Stops and the General Warrant: Stopping the March of the Whren Doctrine

Cato: Pretextual Stops and the General Warrant: Stopping the March of the Whren Doctrine by Jay Schweikert:

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CA7: Ptfs allege enough to survive judgment on the pleadings of a race-based search

Plaintiffs alleged enough to get past motion for judgment on the pleadings that they were searched based on their race. “The complaint filed by Vanessa Enoch and Avery Corbin alleges that they were taking photographs and making video recordings at … Continue reading

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CA8: The challenge to RS isn’t piece by piece; RS on totality

The police surveilled defendant’s garage where he was alleged to sell meth from his home in the early morning or at night when he was home. The totality of circumstances add up to reasonable suspicion, and defendant’s challenge was to … Continue reading

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ACLU: New Data Reveals Milwaukee Police Stops Are About Race and Ethnicity

ACLU: New Data Reveals Milwaukee Police Stops Are About Race and Ethnicity by Nusrat Choudhury:

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NPR: ACLU Sues Milwaukee Over Alleged Racial Profiling

NPR: ACLU Sues Milwaukee Over Alleged Racial Profiling by Latoya Dennis: The ACLU says Milwaukee police have made tens of thousands of traffic and pedestrian stops without cause because of racial profiling.

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N.D.W.Va.: Officer’s admittedly pretextual stop for def’s driving on a suspended DL was still valid

Defendant’s car had a police placed GPS on it. When defendant traveled outside of his normal paths, an alert was sent to the officer’s phone. He conducted a traffic stop which he admitted was pretextual because he’d known for quite … Continue reading

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W.D.N.C.: Counsel admonished for false dilemma that not finding pretext means condoning racism

United States v. Green, 2017 U.S. Dist. LEXIS 212999 n.1 (W.D. N.C. Dec. 29, 2017):

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OH3: Narc told patrol officer def was drug suspect, and patrol officer ran DL and found it was suspended; stop valid despite pretext claim

A patrol officer was told that defendant was a drug suspect. He was told because he had stopped defendant before and was familiar with him. He ran defendant’s name through the state computer and it showed that defendant had no … Continue reading

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Legal Intelligencer: DOJ Asked Pa. Judge to Scrub Opinion of References to Cop’s Racial Profiling

Legal Intelligencer: DOJ Asked Pa. Judge to Scrub Opinion of References to Cop’s Racial Profiling by P.J. Dannunzio:

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IA: Inventory was still valid despite its mixed motive to search

Defendant refused to consent to a search so the officers made the choice to impound his car. It was a reasonable choice, although with a mixed motive to search and not just inventory. Nevertheless, it’s valid. State v. Gray, 2017 … Continue reading

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