Daily Archives: July 28, 2017

WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated

WaPo: Trump’s speech encouraging police to be ‘rough,’ annotated by Philip Bump:

Posted in Excessive force, Police misconduct | Comments Off

E.D.N.C.: Where probation search didn’t comply with state RS requirement, federal court suppresses it

The state probation search of defendant’s premises did not comply with the state statute requiring reasonable suspicion, so the court does not consider the constitutionality of the search. The search was not for supervision purposes because his supervising officer did … Continue reading

Posted in Probation / Parole search | Comments Off

DE: Driving on wrong side of road, smell of alcohol, refusing breath test, failing FST adds up to PC

There was probable cause for taking defendant’s blood from driving on the wrong side of the highway, smelling of alcohol, refusing a breath test, and failing an FST. State v. Dopirak, 2017 Del. Super. LEXIS 358 (July 24, 2017). “Dearry … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off

E.D.N.C.: DL checkpoint stopping all cars was reasonable

Defendant was stopped at a driver’s license checkpoint where all cars were stopped. The court finds the checkpoint constitutional. Defendant then consented to the search of his car. United States v. Moore, 2017 U.S. Dist. LEXIS 116012 (E.D. N.C. May … Continue reading

Posted in Reasonable suspicion, Roadblocks | Comments Off

FL3: Tossing object in flight from car after stop was abandonment

The officer encountered defendant passenger sitting in a car in a no parking zone and directed him out of the car because of a fear of weapons. Defendant got out and ran, discarding an object as he ran. That was … Continue reading

Posted in Abandonment, Consent | Comments Off