Category Archives: Pretext

W.D.N.C.: Counsel admonished for false dilemma that not finding pretext means condoning racism

United States v. Green, 2017 U.S. Dist. LEXIS 212999 n.1 (W.D. N.C. Dec. 29, 2017):

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OH3: Narc told patrol officer def was drug suspect, and patrol officer ran DL and found it was suspended; stop valid despite pretext claim

A patrol officer was told that defendant was a drug suspect. He was told because he had stopped defendant before and was familiar with him. He ran defendant’s name through the state computer and it showed that defendant had no … Continue reading

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Legal Intelligencer: DOJ Asked Pa. Judge to Scrub Opinion of References to Cop’s Racial Profiling

Legal Intelligencer: DOJ Asked Pa. Judge to Scrub Opinion of References to Cop’s Racial Profiling by P.J. Dannunzio:

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IA: Inventory was still valid despite its mixed motive to search

Defendant refused to consent to a search so the officers made the choice to impound his car. It was a reasonable choice, although with a mixed motive to search and not just inventory. Nevertheless, it’s valid. State v. Gray, 2017 … Continue reading

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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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