Category Archives: Pretext

N.D.Ind.: Mixed motive for traffic stop isn’t 4A violation as long as there is objective basis for RS

Defendant’s argument that the police must show only that they had a motive to investigate a traffic offense and not any criminal offenses that they already know about is foreclosed by Whren. A mixed motive is not unconstitutional. United States … Continue reading

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WaPo: Opinion: Black men–not white guys–face false allegations and a presumption of guilt

WaPo: Opinion: Black men–not white guys–face false allegations and a presumption of guilt by Petula Dvorak: From stop-and-frisk to driving while black to wrongful murder convictions, African American men have always endured the suspicion that President Trump now fears on … Continue reading

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M.D.Pa.: Controlled buy is PC to arrest

A controlled buy was probable cause to arrest. United States v. Jackson, 2018 U.S. Dist. LEXIS 158445 (M.D. Pa. Sep. 18, 2018).* Plaintiffs’ claim that an administrative code violation search was a pretext for a criminal search fails on the … Continue reading

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Kansas City Star: Driving while black in Missouri is becoming more perilous, traffic stop report shows

Kansas City Star: Driving while black in Missouri is becoming more perilous, traffic stop report shows:

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W.D.Wash.: RS present for protective weapons search of car under Long

There was reasonable suspicion for defendant’s stop, and that included a protective weapons search for a firearm under Michigan v. Long, which produced one. United States v. Caraang, 2018 U.S. Dist. LEXIS 81814 (W.D. Wash. May 15, 2018).* In the … Continue reading

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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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