Category Archives: Pretext

The Marshall Project: How to Cut Down on Searches in Traffic Stops: Legalize Pot

The Marshall Project: How to Cut Down on Searches in Traffic Stops: Legalize Pot by Justin George and Eric Sarara with additional reporting by Anna Flagg: The legalization of marijuana in Washington state and Colorado had at least one unanticipated … Continue reading

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M.D.Pa.: A traffic stop can be pretextual under Whren as long as there is a real reason, too

Under Whren, the stop of a vehicle can be completely pretextual as long as a factual basis is shown. The officer said defendant was speeding, and there’s nothing in the record that suggests otherwise. United States v. Ponder, 2017 U.S. … Continue reading

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WaPo: How self-driving cars could determine the future of policing

WaPo: How self-driving cars could determine the future of policing by Orin Kerr

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CA9: Administrative stop of tractor-trailer was pretext for criminal investigation lacking RS; suppressed

Commercial vehicles are subject to administrative stops for compliance inspections without reasonable suspicion. When, however, the use of the stop is predicated on pretext for criminal investigation, the stop and its continuation require reasonable suspicion. Here, that was lacking, and … Continue reading

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W.D.N.Y.: Bringing federal officers along on a cigarette tax search was not unreasonable; no duty to clean up after an otherwise reasonable search

(1) Under New York state law, cigarette retailers are pervasively regulated. Here, NY tax officials were checking on tax stamps. (2) While officers seemed to think they had authority to search defendant’s purse under the administrative search doctrine, they didn’t. … Continue reading

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MO: Two week old information in call to child maltreatment hotline was not stale nor without exigency

A call to a child maltreatment hotline was made two weeks after the observation that motivated the phone call. The exigency still existed for a warrantless entry. State v. Prince, 2017 Mo. App. LEXIS 348 (April 25, 2017). Defendant’s vehicle … Continue reading

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PA: Even though gun suppressed from unconsensual search, prior observation of gun by victim still admissible

Defendant was reported to have pointed a gun at a woman, and the police showed up. The gun was suppressed as far as his involuntary consent was concerned, but the state’s reference to the gun was not cause for a … Continue reading

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N.D.Iowa: Rejecting R&R, court finds stop pretextual and without RS

After USMJ sustained the stop (United States v. McLemore, 2016 U.S. Dist. LEXIS 177419 (N.D.Iowa Dec. 21, 2016), posted here), the USDJ disagrees and disbelieves the officer’s testimony and finding the stop pretextual that the paper temporary tag couldn’t be … Continue reading

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CA7 grants rehearing en banc in case described as “parking while black”

From How Appealing: Seventh Circuit grants rehearing en banc in a case the dissent criticized as “enabling police seizures for ‘parking while black’”: Thanks to a reader of the blog, I have learned that yesterday the U.S. Court of Appeals … Continue reading

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W.D.Ohio: Factual basis for stop overcomes pretext

There was a factual basis for the stop, so the pretext argument fails. United States v. Diaz-Cordova, 2016 U.S. Dist. LEXIS 91591 (N.D.Ohio July 14, 2016). It appears that the U.S. Marshals had objectively reasonable belief that defendant was where … Continue reading

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