Category Archives: Pretext

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

Posted in Administrative search, Pretext, Reasonable suspicion | Comments Off on CA9: Administrative stop of tractor-trailer was pretext for criminal investigation lacking RS; suppressed

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

Posted in Administrative search, Pretext, Reasonableness | Comments Off on 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

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

Posted in Emergency / exigency, Pretext, Staleness | Comments Off on MO: Two week old information in call to child maltreatment hotline was not stale nor without exigency

PA: Even though gun suppressed from unconsensual search, prior observation of gun by victim still admissible

Defendant was reported to have pointed a gun at a woman, and the police showed up. The gun was suppressed as far as his involuntary consent was concerned, but the state’s reference to the gun was not cause for a … Continue reading

Posted in Pretext | Comments Off on PA: Even though gun suppressed from unconsensual search, prior observation of gun by victim still admissible

N.D.Iowa: Rejecting R&R, court finds stop pretextual and without RS

After USMJ sustained the stop (United States v. McLemore, 2016 U.S. Dist. LEXIS 177419 (N.D.Iowa Dec. 21, 2016), posted here), the USDJ disagrees and disbelieves the officer’s testimony and finding the stop pretextual that the paper temporary tag couldn’t be … Continue reading

Posted in Pretext, Reasonable suspicion | Comments Off on N.D.Iowa: Rejecting R&R, court finds stop pretextual and without RS

CA7 grants rehearing en banc in case described as “parking while black”

From How Appealing: Seventh Circuit grants rehearing en banc in a case the dissent criticized as “enabling police seizures for ‘parking while black’”: Thanks to a reader of the blog, I have learned that yesterday the U.S. Court of Appeals … Continue reading

Posted in Pretext | Comments Off on CA7 grants rehearing en banc in case described as “parking while black”

W.D.Ohio: Factual basis for stop overcomes pretext

There was a factual basis for the stop, so the pretext argument fails. United States v. Diaz-Cordova, 2016 U.S. Dist. LEXIS 91591 (N.D.Ohio July 14, 2016). It appears that the U.S. Marshals had objectively reasonable belief that defendant was where … Continue reading

Posted in Arrest or entry on arrest, Pretext | Comments Off on W.D.Ohio: Factual basis for stop overcomes pretext

NPR: To Reduce Bias, Some Police Departments Are Rethinking Traffic Stops

NPR: To Reduce Bias, Some Police Departments Are Rethinking Traffic Stops by Jeff Cohen:

Posted in Pretext | Comments Off on NPR: To Reduce Bias, Some Police Departments Are Rethinking Traffic Stops

E.D.Wis.: Fact no ticket was issued for cause for stop doesn’t make stop unconstitutional

The stop was justified, and the fact the officers had a subjective motive to conduct a drug investigation and never issued a traffic ticket doesn’t make the stop and search unconstitutional. The search warrant for defendant’s home was based on … Continue reading

Posted in Inventory, Pretext | Comments Off on E.D.Wis.: Fact no ticket was issued for cause for stop doesn’t make stop unconstitutional

S.D.Ind.: Where factual basis for stop, pretext fails

Because there was a factual basis for defendant’s stop, defendant’s pretext argument that the officer was looking for his guns fails. United States v. Parker, 2016 U.S. Dist. LEXIS 62140 (S.D.Ind. May 11, 2016).* Defendant’s unsafe lane change justified a … Continue reading

Posted in Pretext | Comments Off on S.D.Ind.: Where factual basis for stop, pretext fails

D.Minn.: Fleeing police, crashing car, and running away from it is abandonment

Defendant abandoned the car he was in: “after being pursued by officers at high speeds for several city blocks, Crenshaw drove the green Cadillac across a vacant lot, crashed it against the side of a private residence, exited the vehicle, … Continue reading

Posted in Abandonment, Pretext, Reasonable suspicion | Comments Off on D.Minn.: Fleeing police, crashing car, and running away from it is abandonment

MT: Pretext or subjective intent in a parole search is irrelevant

The subjective intent of the officers conducting a parole search for whether it is really a criminal investigative search is irrelevant. State v. Crawford, 2016 MT 96, 2016 Mont. LEXIS 280 (April 26, 2016):

Posted in Pretext, Probation / Parole search | Comments Off on MT: Pretext or subjective intent in a parole search is irrelevant