Category Archives: Pretext

LA Times: Black drivers face more police stops in California, state analysis shows

LA Times: Black drivers face more police stops in California, state analysis shows by Anita Chabria (“Black drivers in some of California’s largest cities are stopped and searched by police at higher rates than white and Latino motorists, according to … Continue reading

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SC: Automobile exception search doesn’t have to happen right away

Defendant’s car was well enough connected to him and the crime that the police had probable cause for a search under the automobile exception. Moreover, there is no constitutional requirement that the vehicle be searched immediately under the automobile exception. … Continue reading

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IL: High crime area plus quick furtive movements to floor was RS and suggested a weapon to officer

High drug crime area plus quick furtive movements to floor that suggested to the officer that defendant was concealing a weapon was reasonable suspicion. People v. Hood, 2019 IL App (1st) 162194, 2019 Ill. App. LEXIS 1012 (Dec. 31, 2019). … Continue reading

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W.D.Mo.: How one USDJ views R&Rs in a 4A case; also, using social worker entry as pretext wasn’t unreasonable

“It may be worth commenting that the deputies may have subjectively used the social worker visit to pursue their interest in the reported firearm and drug violations — to the extent possible — just as traffic violations are often used … Continue reading

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W.D.Ky.: Bodycam video showed pretext, but there still was a factual and legal basis for stop

Officers on bodycam are talking about pretext, but there was, in fact, a factual and legal basis for the stop that makes pretext irrelevant. United States v. Jones, 2019 U.S. Dist. LEXIS 219072 (W.D. Ky. Dec. 20, 2019):

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N.D.Ga.: Alleged pretext doesn’t matter where the stop is objectively reasonable and based on PC

Alleged pretext doesn’t matter where the stop is objectively reasonable. “As the Court has determined there was probable cause to support the traffic stop, the Court does not reach the issue of whether Lt. Henry had reasonable suspicion that the … Continue reading

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CA2: BIA erred in not suppressing; a prima facie case of an egregious violation of the 4A was shown because it was apparently race based stop and there was virtually no PC

BIA erred by denying petitioner’s motion to suppress evidence of his alleged alienage. He made out a prima facie case of an egregious violation of his constitutional rights where the evidence tended to show a racial animus in the planning … Continue reading

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WaPo: ‘I got my rights to do anything I want to do’: Officer immediately fired after viral video shows him stopping black shoppers for ‘acting suspicious’ [Spending money while black]

WaPo: ‘I got my rights to do anything I want to do’: Officer immediately fired after viral video shows him stopping black shoppers for ‘acting suspicious’ by Allyson Chiu

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Philadelphia Inquirer: Philadelphia police are searching more cars for marijuana — but finding less of it, critics say

Philadelphia Inquirer: Philadelphia police are searching more cars for marijuana — but finding less of it, critics say (“Though Philadelphia has effectively decriminalized possession of small amounts of marijuana — and close to 200,000 Pennsylvania residents now have medical marijuana … Continue reading

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OK: Officer’s excuse for extending the stop was pretext and violated Rodriguez

The officer’s claim that defendant’s log book wasn’t up to date was a mere pretext and subterfuge to unreasonably continue the stop in violation of Rodriguez. State v. Morgan, 2019 OK CR 26, 2019 Okla. Crim. App. LEXIS 26 (Oct. … Continue reading

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IL: Merely radioing for a drug dog did not materially extend a stop that was only 3 minutes long

This case is on post-conviction, and defendant attached a police report to his petition. Based on the police report, the mere act of radioing for a drug dog did not appreciably extend the stop which took three minutes. People v. … Continue reading

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WA: Community caretaking function was a pretext to search for evidence, and search is suppressed

The warrantless search of defendant’s home was pretextual under the community caretaking function when there was no justification for it. The court also declines to adopt a “dead body rule.” State v. Boisselle, 2019 Wash. LEXIS 579 (Sept. 12, 2019):

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