Category Archives: Pretext

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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LA4: Lack of apt no. in SW wasn’t inspecific where officers were directed to his door

The search warrant for defendant’s apartment didn’t have the apartment number, but the warrant was specific and directed the officers to his door. That was constitutionally adequate. State v. Gilmartin, 2020 La. App. LEXIS 118 (La. App. 4 Cir. Jan. … Continue reading

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LA Times: Black drivers face more police stops in California, state analysis shows

LA Times: Black drivers face more police stops in California, state analysis shows by Anita Chabria (“Black drivers in some of California’s largest cities are stopped and searched by police at higher rates than white and Latino motorists, according to … Continue reading

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SC: Automobile exception search doesn’t have to happen right away

Defendant’s car was well enough connected to him and the crime that the police had probable cause for a search under the automobile exception. Moreover, there is no constitutional requirement that the vehicle be searched immediately under the automobile exception. … Continue reading

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IL: High crime area plus quick furtive movements to floor was RS and suggested a weapon to officer

High drug crime area plus quick furtive movements to floor that suggested to the officer that defendant was concealing a weapon was reasonable suspicion. People v. Hood, 2019 IL App (1st) 162194, 2019 Ill. App. LEXIS 1012 (Dec. 31, 2019). … Continue reading

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W.D.Mo.: How one USDJ views R&Rs in a 4A case; also, using social worker entry as pretext wasn’t unreasonable

“It may be worth commenting that the deputies may have subjectively used the social worker visit to pursue their interest in the reported firearm and drug violations — to the extent possible — just as traffic violations are often used … Continue reading

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W.D.Ky.: Bodycam video showed pretext, but there still was a factual and legal basis for stop

Officers on bodycam are talking about pretext, but there was, in fact, a factual and legal basis for the stop that makes pretext irrelevant. United States v. Jones, 2019 U.S. Dist. LEXIS 219072 (W.D. Ky. Dec. 20, 2019):

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N.D.Ga.: Alleged pretext doesn’t matter where the stop is objectively reasonable and based on PC

Alleged pretext doesn’t matter where the stop is objectively reasonable. “As the Court has determined there was probable cause to support the traffic stop, the Court does not reach the issue of whether Lt. Henry had reasonable suspicion that the … Continue reading

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