Category Archives: Pretext

KS suppression statute permits pretext arguments; remanded

Kansas’s suppression statute permits the defense to make a challenge based on a race-based stop, if he can prove it. The trial court didn’t apply this test, and neither did the court of appeals, so remanded for reconsideration. State v. … Continue reading

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D.N.M.: Def doesn’t make a sufficient showing of some discriminatory effect to get further discovery of selective enforcement

Defendant doesn’t make a sufficient showing of some discriminatory effect to get further discovery of selective enforcement against African-Americans. United States v. Laneham, 2017 U.S. Dist. LEXIS 176486 (D. N.M. Oct. 25, 2017):

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Daily Beast: Opinion: The Racist Pot Prosecutions That Even Prosecutors Acknowledge Are Ridiculous

Daily Beast: Opinion: The Racist Pot Prosecutions That Even Prosecutors Acknowledge Are Ridiculous by Scott Hechinger: I was disheartened, but not at all surprised, to read the new report by the Drug Policy Alliance (DPA) and Marijuana Arrest Research Project … Continue reading

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ABAJ: Orlando cops pull over black state attorney, and the video goes viral

ABAJ: Orlando cops pull over black state attorney, and the video goes viral by Debra Cassens Weiss: Body cam video of Orlando police officers pulling over Florida’s only black state attorney has gone viral after some commentators suggested the stop … Continue reading

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N.D.Ga.: PC for search of def’s car didn’t dissipate just because another person came into the case

Defendant’s [creative] argument that the probable cause for search of defendant’s car dissipated when another person came into the equation is rejected. In fact, it appears contemplated. United States v. Henley, 2017 U.S. Dist. LEXIS 105138 (N.D. Ga. May 19, … Continue reading

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Grits for Breakfast Blog: Pretext stops subvert public trust, undermine rule of law

Grits for Breakfast Blog: Pretext stops subvert public trust, undermine rule of law A law that everyone routinely violates because of its arbitrariness and impracticality becomes a path for the government to bypass 4th Amendment protections. Police can simply follow … Continue reading

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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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