N.D.Okla.: Local officer’s arresting in Indian country prior to McGirt was with good faith

A local officer’s arrest of an Indian in Indian country prior to McGirt was with good faith. United States v. Little, 2022 U.S. Dist. LEXIS 192907 (N.D. Okla. Oct. 24, 2022).

Drug interdiction officers working the Detroit Greyhound station because it was a source city saw defendant get out of car carrying some bags, get just inside the door of the bus station, stop, look at his hand, and turn around and get in a cab. Officers believed he saw them working the bus station and he left. The court finds no reasonable suspicion for his stop. He didn’t get far enough inside the station for them to even determine what bus he was going to take or to see them scanning people getting on certain buses. On the whole, the government says it points to reasonable suspicion but it doesn’t. United States v. Cottrell, 2022 U.S. Dist. LEXIS 192641 (E.D. Mich. Oct. 21, 2022).* [Heartening. A judge true to real reasonable suspicion and not just defaulting to what the police want to do.]

The LPN on defendant’s motorcycle was expired, and he couldn’t drive it. Thus, the ten minute wait for the drug dog was reasonable. United States v. Dadisman, 2022 U.S. Dist. LEXIS 192710 (N.D.W. Va. Oct. 21, 2022).*

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