Category Archives: Pretext

Kansas City Star: Black drivers in Missouri 91% more likely to be stopped than whites. Where’s the outrage?

Kansas City Star (editorial): Black drivers in Missouri 91% more likely to be stopped than whites. Where’s the outrage?

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NY3: Officer’s subjective intent to search doesn’t matter where there was PC under automobile exception

The officer’s alleged subjective intent to search didn’t matter because there was justification under the automobile exception anyway. People v. HinesPeople v. HinesPeople v. Hines, 2019 NY Slip Op 03853, 2019 N.Y. App. Div. LEXIS 3884 (3d Dept. May 16, … Continue reading

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Cato blog: A Pretextual Traffic Stop Should Require Sufficient Pretext

Cato blog: A Pretextual Traffic Stop Should Require Sufficient Pretext by Jonathan Blanks:

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Daily Kos: 100 million traffic stops show massive racial bias in policing

Daily Kos: 100 million traffic stops show massive racial bias in policing by Laura Clawson:

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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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