KS: No basis for a stop of car in a local park under “public safety exception”

A public safety stop is well recognized, deriving from Cady. “In this case, however, the facts do not support a valid safety stop. The deputy stated he was concerned because it was dark, it was late, the car was parked in a ‘secluded’ area, there was a single occupant inside the car, there had been prior safety incidents in the area in past years, people often do illegal activity in that area, and that he didn’t know what McDonald was thinking. On examination, we find these facts insufficient to allow a warrantless seizure.” Denial of suppression reversed, and court of appeals affirmed. State v. McDonald, 2024 Kan. LEXIS 27 (Mar. 8, 2024).

Defendant was stopped for a loud exhaust system. He calls it a “trivial reason” for a stop, but it’s still a legitimate one under the vehicle code. People v. Fields, 2024 IL App (4th) 210194-B, 2024 Ill. App. LEXIS 518 (Mar. 8, 2024).*

“Under these circumstances, it was objectively reasonable for the officers conducting the search to believe that probable cause for the warrant existed and to rely in good faith on the warrant as issued. Thus, assuming (without deciding) that the search warrant was infirm, Defendant’s motion to suppress fails under the good faith doctrine. Therefore, the evidence seized pursuant to the search warrant will not be suppressed under the exclusionary rule.” United States v. Pritchett, 2024 U.S. Dist. LEXIS 40896 (D. Del. Mar. 8, 2024).*