Category Archives: Pretext

CA9: “[T]he officer’s acknowledgment that he was looking for a reason to stop Ordaz does not contradict or otherwise undermine his testimony that he found one.”

“[T]he officer’s acknowledgment that he was looking for a reason to stop Ordaz does not contradict or otherwise undermine his testimony that he found one.” United States v. Ordaz, 2021 U.S. App. LEXIS 32449 (6th Cir. Oct. 29, 2021). Pre-Carpenter … Continue reading

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ND: Federal tribal DTF officer could stop suspected DUI on state highway

“In light of the Supreme Court’s decision in Cooley, we conclude the federal law enforcement officer working as an agent for the tribal drug enforcement agency had jurisdiction to detain Suelzle for a reasonable time while awaiting a state officer … Continue reading

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NYT: Pulled Over: The Demand for Money Behind Many Police Traffic Stops

NYT: Pulled Over: The Demand for Money Behind Many Police Traffic Stops by Mike McIntire and Michael H. Keller (“Busted taillights, missing plates, tinted windows: Across the U.S., ticket revenue funds towns — and the police responsible for finding violations.”):

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Pretextual arrests: WaPo: Ex-D.C. firefighter to receive $390,000 from Fairfax County over wrongful arrest

WaPo: Ex-D.C. firefighter to receive $390,000 from Fairfax County over wrongful arrest (“Elon Wilson spent 21 months in prison after being wrongly pulled over by then-Officer Jonathan A. Freitag”)

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CT: SW for blood was independent source from extension of stop

The search warrant for defendant’s blood is a valid independent source from the alleged extension of the stop. State v. Fields, 2021 Conn. App. LEXIS 341 (Sept. 28, 2021).* The circumstances of this stop and arrest are objectively reasonable, so … Continue reading

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E.D.Ky.: Sex offense victim’s uncorroborated statements supported issuance of SW for defendant’s email account

Sex offense victim’s uncorroborated statements supported issuance of a warrant for defendant’s email account. A victim is not treated the same as an informant for probable cause purposes. United States v. Deleon, 2021 U.S. Dist. LEXIS 182049 (E.D.Ky. Sept. 23, … Continue reading

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N.D.Tex.: First dog alert was before the dog jumped in the window, so the original alert was independent of that

“Because a positive alert by a drug dog creates probable cause to search a vehicle—and this alert occurred before the dog’s nose entered Castaneda’s window—the Court finds that regardless of whether the dog’s breach of the window amounted to an … Continue reading

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CA11: There was justification for ptf’s stop, so pretext question doesn’t get to jury

“The plaintiffs contend that the record contains evidence that could lead a jury to conclude that Officer Benton merely used the tag violation as a pretext for an otherwise unlawful stop. But Officer Benton’s subjective purpose for conducting the traffic … Continue reading

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CA8: Some evidence of nexus saves SW under GFE

Under the good faith exception, executing officers are entitled to rely on the magistrate judge’s nexus finding with some actual basis they can reasonably rely on, even if it technically might have been wrong. United States v. Barnes, 2021 U.S. … Continue reading

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W.D.Mo.: Even if pretextual, this stop was otherwise reasonable

The traffic stop here was reasonable even if pretextual. United States v. Brown, 2021 U.S. Dist. LEXIS 155885 (W.D.Mo. July 30, 2021).* There was justification for defendant’s stop: driving 100 mph and other traffic violations. United States v. Young, 2021 … Continue reading

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CA10: Impoundment of car was pretext for inventory search

Tulsa police’s impoundment of defendant’s car was a pretext for an inventory search. The inventory policy didn’t even mention impoundment. United States v. Woodard, 2021 U.S. App. LEXIS 22443 (10th Cir. July 27, 2021):

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S.D.W.Va.: Pretext on pretext too much for this court; no RS for stop

A lane change without signaling that affected no other motorist wasn’t justification for defendant’s stop. One crossing the fog line isn’t enough. Pretext on pretext is just too much. Motion to suppress granted. United States v. Womack, 2021 U.S. Dist. … Continue reading

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CA9: Suspicionless search of unconscious person in hospital bed violated clearly established law

“Thus, under binding precedent from this court and the Supreme Court, any reasonable officer would have known that Defendants’ suspicionless and warrantless search of Katzenjammer’s body, while she lay unconscious in a hospital bed, violated the Fourth Amendment.” Young v. … Continue reading

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D.Idaho: Traffic stop was admitted pretextual but it was based on RS of a drug offense and otherwise objectively reasonable

Defendant’s traffic stop was admittedly pretextual to investigate a drug offense, and the officers had reasonable suspicion on collective knowledge to justify the stop. United States v. Tuschoff, 2021 U.S. Dist. LEXIS 47130 (D. Idaho Mar. 10, 2021). The CI … Continue reading

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OH11: Driver being passed out behind the steering wheel with the engine running is RS

The driver being passed out behind the steering wheel with the engine running and radio playing is reasonable suspicion. State v. Cassel, 2021-Ohio-661, 2021 Ohio App. LEXIS 654 (11th Dist. Mar. 8, 2021).* Defendant’s stop was justified by a traffic … Continue reading

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OR: “[J]ust keep your hands where I can see them” is a seizure

“[J]ust keep your hands where I can see them” is a seizure under the Oregon Constitution. State v. Soto-Navarro, 309 Ore. App. 218 (Feb. 10, 2021):

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D.Kan.: Pro se motion to suppress of represented def doesn’t attach affidavits, say why 4A or statute violated, or cite any law; denied for having counsel

Defendant is represented by counsel, then files a motion to suppress. “Defendant’s pro se motion reflects a misunderstanding of court proceedings. The Defendant fails to specify which search warrant he objects to, fails to provide a copy, or copies, of … Continue reading

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OH8: Traffic offense overcomes pretext claim

An actual traffic offense overcomes defense claims the stop was actually a motive for searching for drugs. Defendant didn’t produce current proof of insurance, and that led to extension of the stop. The officer wasn’t just obliged to have noted … Continue reading

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The Appeal: They Took Umbrellas To A Black Lives Matter Protest. The D.A. Hit Them With Gang Charges

The Appeal: They Took Umbrellas To A Black Lives Matter Protest. The D.A. Hit Them With Gang Charges, by Med O’Connor (“Police and prosecutors routinely treat white domestic terrorists with kid gloves, but use the full force of the law … Continue reading

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D.N.H.: Separate PC was shown even though stop was made to aid DEA investigation

Officers wanted defendant’s car stopped and probable cause for a searched developed because they didn’t want to reveal a DEA investigation. The traffic officer waited for a traffic violation and then developed probable cause during the stop. United States v. … Continue reading

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