Category Archives: Pretext

The Guardian: California sheriff’s office stops Black drivers five times more often than white people, data shows

The Guardian: California sheriff’s office stops Black drivers five times more often than white people, data shows by Sam Levin (“A new report says sheriffs’ patrols spend more time conducting racially biased stops than they do responding to calls for … Continue reading

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OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary

Defendant’s consent to search his phone was merely acquiescing to a claim of lawful authority because it was told if he consented he could get it back faster. State v. Seem, 2022-Ohio-3507, 2022 Ohio App. LEXIS 3314 (6th Dist. Sep. … Continue reading

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CA8: Two judges question case law on pretext and “driving while black”

In denying a petition for rehearing en banc, two of eleven judges of the Eighth Circuit question when pretext can be raised. Saunders v. Thies, 2022 U.S. App. LEXIS 25527 (8th Cir. Sep. 12, 2022), Grasz and Smith dissenting from … Continue reading

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S.D.Fla.: Threats against LEOs involved in execution of SW requires affidavit remain sealed

Public threats against FBI agents involved in the search requires leaving the affidavit for the search warrant under seal. In re Warrant, 2022 U.S. Dist. LEXIS 150388 (S.D. Fla. Aug. 22, 2022). Defendant’s traffic stop was factually based and not … Continue reading

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N.D.Ind.: USMJ’s finding stop was racially motivated is irrelevant and rejected

The USMJ’s finding that the stop was racially motivated is rejected. Reviewing the dashcam video, the stop was clearly justified for a traffic offense, and that’s all that was legally required. United States v. Crawford, 2022 U.S. Dist. LEXIS 120634 … Continue reading

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Cal.1: Superior Court improperly dismissed pretextual stop claim under California Racial Justice Act of 2020

Defendant here gets reconsideration of his discovery request over an alleged pretextual stop under the California Racial Justice Act of 2020 (Stats. 2020, ch. 317, § 1). He gets over the threshold for a preliminary showing. The trial court impermissibly … Continue reading

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D.Neb.: Execution of writ of execution a reasonable seizure

Execution of a facially valid writ of execution is a reasonable seizure. Coonts v. Potts, 316 F.3d 745, 750-51 (8th Cir. 2003). Knight v. City of Omaha, 2022 U.S. Dist. LEXIS 41932 (D.Neb. Mar. 9, 2022). “In sum, Price’s status … Continue reading

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FL4: Suspicionless probation search condition violates state law

The probation search condition permitting one without reasonable suspicion violates state law. Remanded to strike it from probation terms. Bowman v. State, 2022 Fla. App. LEXIS 1611 (Fla. 4th DCA Mar. 9, 2022). Window tinting stop: “Moreover, because Trooper Otterson … Continue reading

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CO: While trial court erred in considering officers’ subjective intent, there still wasn’t RS

“We conclude that while the trial court erred in considering the officers’ subjective intent in effectuating the seizure, it was nonetheless correct that the officers lacked reasonable and articulable suspicion to detain Brown. Accordingly, we affirm the trial court’s order … Continue reading

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NC: Inventory of a wrecked and apparently abandoned vehicle was reasonable

“In either event, the officers were justified in searching the wrecked vehicle to get it out of the ditch for an inventory or for officer safety. Officers searched the vehicle in an effort to find the purported driver’s name or … Continue reading

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LATimes: New limits on ‘pretextual stops’ by LAPD officers approved, riling police union

LATimes: New limits on ‘pretextual stops’ by LAPD officers approved, riling police union by Kevin Rector:

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W.D.Wash.: Extensive surveillance of def showed PC

The government’s extensive surveillance evidence of defendant showed probable cause for the warrant. United States v. Alvarez-Quinonez, 2022 U.S. Dist. LEXIS 26292 (W.D.Wash. Feb. 14, 2022).* Defendant’s claim of racial profiling pleads no facts and is denied. He can, however, … Continue reading

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N.D.Ill.: There can’t be a pretextual SW for a plain view; it’s objectively reasonable or not

Court rejects claim that search warrant could be pretextual to seize something else in plain view. That’s a foray into subjective intent the court won’t do. United States v. Contreras, 2021 U.S. Dist. LEXIS 242185 (N.D.Ill. Dec. 20, 2021):

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D.N.M.: DEA can make a traffic stop under 4A

It is not unreasonable under the Fourth Amendment for a DEA agent to stop a car on state highways for an alleged traffic violation. There was probable cause for an automobile exception search. United States v. Vallejos, 2021 U.S. Dist. … Continue reading

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S.D.N.Y.: Emailing SW materials subject to protective order results in contempt conviction

Defendant’s emailing a reporter search warrant materials subject to a protective order results in his conviction for contempt. Defendant understood the order, and only defense counsel was able to use the materials, not him. He was later pro se but … Continue reading

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LATimes: L.A. sheriff’s deputies use minor stops to search bicyclists, with Latinos hit hardest

LATimes: L.A. sheriff’s deputies use minor stops to search bicyclists, with Latinos hit hardest by Alene Tchekmedyian, Ben Poston and Julia Barajas (“The Times’ analysis of more than 44,000 bike stops logged by the Sheriff’s Department since 2017 found that … Continue reading

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CA9: State’s seeking CSLI with PC but under wrong statute not 4A violation

Probable cause was shown for CSLI before the state judge, but the state sought the order under the wrong statute. That doesn’t violate the Fourth Amendment. United States v. Fregia, 2021 U.S. App. LEXIS 32587 (9th Cir. Nov. 2, 2021). … Continue reading

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CA9: “[T]he officer’s acknowledgment that he was looking for a reason to stop Ordaz does not contradict or otherwise undermine his testimony that he found one.”

“[T]he officer’s acknowledgment that he was looking for a reason to stop Ordaz does not contradict or otherwise undermine his testimony that he found one.” United States v. Ordaz, 2021 U.S. App. LEXIS 32449 (6th Cir. Oct. 29, 2021). Pre-Carpenter … Continue reading

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ND: Federal tribal DTF officer could stop suspected DUI on state highway

“In light of the Supreme Court’s decision in Cooley, we conclude the federal law enforcement officer working as an agent for the tribal drug enforcement agency had jurisdiction to detain Suelzle for a reasonable time while awaiting a state officer … Continue reading

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NYT: Pulled Over: The Demand for Money Behind Many Police Traffic Stops

NYT: Pulled Over: The Demand for Money Behind Many Police Traffic Stops by Mike McIntire and Michael H. Keller (“Busted taillights, missing plates, tinted windows: Across the U.S., ticket revenue funds towns — and the police responsible for finding violations.”):

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