RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined

Commercial fishing is a closely regulated industry. “Appellant also had a sea scallop permit, requiring the vessel to have a vessel monitoring system (VMS), which transmits global positioning system (GPS) coordinates every half hour to the National Marine Fisheries Service.” Those were subject to inspection. Benson v. State, Dept. of Environmental Mgmt., 2022 R.I. Super. LEXIS 38 (May 19, 2022).

Officers were dispatched to a “fight in progress” in a park and area known for juvenile fights.“ And from E.V.’s appearance and location — sweaty and out of breath and inside the apartment building — they reasonably suspected that he was involved in the assault.” There was thus reasonable suspicion. People v. E.V., 2022 COA 53, 2022 Colo. App. LEXIS 737 (May 19, 2022).*

The ticket writing process would take 7-8 minutes, and a second officer with a drug dog didn’t extend the stop. Defendant’s claim that the officer had a pretextual motive to search for drugs is factually evident, but barred by existing law. United States v. McMillin, 2022 U.S. Dist. LEXIS 89942 (D.Kan. May 18, 2022).*

Defendant was seized without reasonable suspicion, and defense counsel was ineffective for not raising it. State v. Demby, 2022 Del. Super. LEXIS 198 (Apr. 29, 2022).*

This entry was posted in Administrative search, Dog sniff, Ineffective assistance, Reasonable suspicion, Reasonableness. Bookmark the permalink.

Comments are closed.