Post details: W.D. Tex.: Religious symbol on dashboard cannot be a factor in a stop under the First Amendment
04/01/08
W.D. Tex.: Religious symbol on dashboard cannot be a factor in a stop under the First Amendment
A religious symbol on one's dash, allegedly there to forestall stops of drug couriers, cannot constitutionally be a basis for a stop. United States v. Magana, 544 F. Supp. 2d 560 (W.D. Tex. 2008):
This routine traffic stop case implicates the First and Fourth Amendments. It involves an officer who initiated a traffic stop after observing what he believed to be a defective tire. After verifying the tire was not in fact defective, the officer detained the driver, because among other things, the driver had a religious statue on his dashboard. The officer stated that in his experience and opinion, religious symbols are used to dispel suspicion of wrongdoing and are usually indicative of drug activity. The Court finds that religious symbols cannot be used to generate reasonable suspicion of drug dealing or criminality. To do so, violates religious rights secured by the First Amendment and consequently, the Fourth Amendment. After removing the impermissible element of the religious symbol from the officer's reasonable suspicion calculation, the Court finds the remaining factors do not rise to the level of warranting extending the detention. Because reasonable suspicion did not exist to extend the stop, once the officer realized a violation had not been committed, the purpose of the stop was fulfilled, and anything thereafter controverted Defendant's Fourth Amendment rights. Therefore, the Court grants Defendant's Motion to Suppress.
Questioning a probationer during a traffic stop about drug offenses, that he was already suspected of, was not overly intrusive. State v. Stewart, 145 Idaho 641, 181 P.3d 1249 (App. 2008)*:
In light of the foregoing authorities, particularly Muehler, we conclude that the district court erred in holding that the Fourth Amendment was violated when, during the stop for a traffic infraction, officers asked intrusive, disconcerting questions and informed Stewart that he was under investigation for drug offenses. The district court specifically found that the duration of the stop was reasonable and was not extended by the questioning. Muehler compels a conclusion that the officers' informing Stewart that he was the subject of a narcotics investigation and questioning him about the no-contact order did not infringe a Fourth Amendment interest.
Defendant was approached by three police cars, two having their blue lights on. There was reasonable suspicion for defendant’s stop, despite his claim of coercion. United States v. Neal, 271 Fed. Appx. 233 (3d Cir. 2008).*
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