WI: A description of a Harley in Wisconsin in April is generic and not RS

The description of the offending vehicle as a Harley in Wisconsin is so generic it can’t support a stop. “After all, Wisconsin is the home of Harley-Davidson, and it is one of, if not the most popular manufacturers of motorcycles in Wisconsin. Although reasonable suspicion is a low bar, it is not so low that it allows the State to stop so many otherwise law-abiding citizens based on such a generic description. … Additionally, although the circuit court found that it was ‘the beginning, very beginning, of [motorcycle] season,’ it also acknowledged that ‘[c]ertainly, people drive their bikes in April.’ [¶] That Richey’s Harley was spotted close to the location of the deputy’s call just five minutes later does not add much to the particularity of Officer Meier’s suspicions either.” State v. Richey, 2022 WI 106, 2022 Wisc. LEXIS 599 (Dec. 9, 2022).

Defendant’s motion to reopen the suppression hearing to put on more about the good faith exception is denied. What is tendered doesn’t matter. United States v. Wright, 2022 U.S. Dist. LEXIS 222351 (S.D. Ga. Dec. 9, 2022).*

Arresting protestors who did not commit any offense states a claim for relief, and plaintiff pled enough to get over qualified immunity and 12(b)(6). Herrera v. Acevedo, 2022 U.S. App. LEXIS 33981 (5th Cir. Dec. 9, 2022).*

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