Category Archives: Pretext

OR: “[J]ust keep your hands where I can see them” is a seizure

“[J]ust keep your hands where I can see them” is a seizure under the Oregon Constitution. State v. Soto-Navarro, 309 Ore. App. 218 (Feb. 10, 2021):

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D.Kan.: Pro se motion to suppress of represented def doesn’t attach affidavits, say why 4A or statute violated, or cite any law; denied for having counsel

Defendant is represented by counsel, then files a motion to suppress. “Defendant’s pro se motion reflects a misunderstanding of court proceedings. The Defendant fails to specify which search warrant he objects to, fails to provide a copy, or copies, of … Continue reading

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OH8: Traffic offense overcomes pretext claim

An actual traffic offense overcomes defense claims the stop was actually a motive for searching for drugs. Defendant didn’t produce current proof of insurance, and that led to extension of the stop. The officer wasn’t just obliged to have noted … Continue reading

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The Appeal: They Took Umbrellas To A Black Lives Matter Protest. The D.A. Hit Them With Gang Charges

The Appeal: They Took Umbrellas To A Black Lives Matter Protest. The D.A. Hit Them With Gang Charges, by Med O’Connor (“Police and prosecutors routinely treat white domestic terrorists with kid gloves, but use the full force of the law … Continue reading

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D.N.H.: Separate PC was shown even though stop was made to aid DEA investigation

Officers wanted defendant’s car stopped and probable cause for a searched developed because they didn’t want to reveal a DEA investigation. The traffic officer waited for a traffic violation and then developed probable cause during the stop. United States v. … Continue reading

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WY: Stop was factually justified even if pretextual

“Despite the stop of the Tacoma being pretextual due to information provided by Agent Ford, Trooper Hobbs based the initial traffic stop upon a personally witnessed violation of the law. Thus, [Mr. Simmons’] rights under both the Wyoming Constitution and … Continue reading

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NYT: Black New Yorkers Are Twice as Likely to Be Stopped by the Police, Data Shows

NYT: Black New Yorkers Are Twice as Likely to Be Stopped by the Police, Data Shows by Alan Fewer (“A report shows Black neighborhoods have been more heavily patrolled, but police officials have said that enforcement is mostly driven by … Continue reading

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NY3: Stop justified by traffic offense, despite racial pretext claim

Defendant’s stop was justified by a traffic offense, despite claims it might have been racially motivated. People v. Price, 2020 NY Slip Op 04430, 2020 N.Y. App. Div. LEXIS 4532 (3d Dept. Aug. 6, 2020). See the concurring opinion:

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CA9: Dist.Ct.’s findings of pretextual inventory supported by evidence and affirmed

The district court’s conclusion the impoundment of the car and inventory search was pretextual is supported by the evidence and is affirmed. United States v. Turnbow, 2020 U.S. App. LEXIS 22341 (9th Cir. July 17, 2020). Defendant’s argument over the … Continue reading

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Slate.com: Black Judge Has to Explain to White Colleague Why Racial Profiling Is Bad

Slate.com: Black Judge Has to Explain to White Colleague Why Racial Profiling Is Bad by Mark Joseph Stern:

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CA11: Ptfs failed to prove pretext for arrest even if the officer was shown otherwise to maybe be racist

Plaintiffs tried to show that the defendant officer was racist, and their arrest was pretextual, relying in part on pretext. However, they fail on that score for lack of proof. After plaintiffs’ arrest the case was dismissed, and “Owens later … Continue reading

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ME: No REP in paperwork kept in prison

Plaintiff had no reasonable expectation of privacy in his prison paperwork under Hudson v. Palmer or state law. If legal mail were involved, plaintiff would have to show actual injury [n.5]. Anctil v. Cassese, 2020 ME 59, 2020 Me. LEXIS … Continue reading

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Nature Human Behaviour: A large-scale analysis of racial disparities in police stops across the United States

Nature Human Behaviour: A large-scale analysis of racial disparities in police stops across the United States by Emma Pierson et al.:

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TX5: SW for blood didn’t have to say it could be tested, too; why else was it drawn?

A search warrant for a blood sample doesn’t have to say that it could be tested, too. Otherwise, why draw it at all. Common sense dictates it would be. Suppression order reversed. State v. Staton, 2020 Tex. App. LEXIS 2610 … Continue reading

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WaPo: Mike Bloomberg ignored early evidence that ‘stop-and-frisk’ could be racially biased

WaPo: Mike Bloomberg ignored early evidence that ‘stop-and-frisk’ could be racially biased by Victor Ray:

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WHYY: The Pa. State Police was warned about possible racial bias in car searches. The agency’s answer? End the research.

WHYY: The Pa. State Police was warned about possible racial bias in car searches. The agency’s answer? End the research. By Daniel Simmons-Ritchie and Angela Couloumbis, Spotlight PA (“Last fall, under scrutiny for its decision years earlier to stop tracking … Continue reading

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