Category Archives: Pretext

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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NM applies Strieff in a near replica case; outstanding arrest warrant overcomes allegedly illegal stop

“Accordingly, based upon our application of the Brown factors in a circumstance markedly similar to Strieff, we conclude that Defendant’s arrest warrant was an intervening cause that broke the causal chain between Officer Townsend’s unlawful detention of Defendant and the … Continue reading

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CA3: Petrs stated enough to get an immigration hearing on application of exclusionary rule to race-based stop as egregious violation of 4A

The petitioners in an immigration proceeding alleged a race based stop and detention by state officers stated enough to get a hearing on whether this was an egregious violation of the Fourth Amendment. Yoc-Us v. AG United States, 2019 U.S. … Continue reading

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LA4: Constructive possession to convict isn’t the test for PC; suppression order reversed

The trial court erred in granting the motion to suppress a gun, essentially conflating the probable cause inquiry and sufficiency of evidence to convict the defendant at trial of possession. State v. LangState v. LangState v. Lang, 2019 La. App. … Continue reading

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D.N.D.: The fact the state judge issuing the SW represented a potential witness named in the affidavit didn’t make him not “neutral and detached”

The search warrant issuing state judge was not a neutral and detached magistrate just because he previously represented a potential witness in the case whose name was in the affidavit. There certainly was probable cause. Besides, the good faith exception … Continue reading

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Kansas City Star: Missouri House committee to hold hearings on racial profiling in police traffic stops

Kansas City Star: Missouri House committee to hold hearings on racial profiling in police traffic stops by Robert A. Cronkleton: After a recent state report showed that, more than ever, black drivers in Missouri are more likely than whites to … Continue reading

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WaPo: Court orders D.C. officers to start collecting mandated racial data in police stops

WaPo: Court orders D.C. officers to start collecting mandated racial data in police stops by Peter Hermann and Rachel Weiner: D.C. police must begin tracking the race of every person officers stop in a vehicle or as a pedestrian within … Continue reading

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KS: Trial court’s finding of probable racial bias in stop was supported by record

The district court’s finding that the Kansas statute on racial bias in stops was violated is supported by the record. State v. Gill, 2019 Kan. App. LEXIS 40 (June 21, 2019):

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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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