One officer stopped defendant at the request of another. Defendant challenges its basis. \u201cThe question here is not whether the stop was authorized by [state law]. The question is rather whether the car stop was reasonable under the Fourth Amendment.\u201d It was. United States v. Perez Minaya, 2022 U.S. Dist. LEXIS 1084 (D.Del. Jan. 3, 2022):<\/p>\n\n\n\n\n\n\n\n
The government is correct. The question here is not whether the stop was authorized by section 701(a)(1). The question is rather whether the car stop was reasonable under the Fourth Amendment. See Cooper v. California, 386 U.S. 58, 61 (1967) (“[T]he question here is not whether the search was authorized by state law. The question is rather whether the search was reasonable under the Fourth Amendment. Just as a search authorized by state law may be an unreasonable one under that amendment, so may a search not expressly authorized by state law be justified as a constitutionally reasonable one.”). Whether the stop of Perez-Minaya’s car was lawful under section 701(a)(1) is irrelevant. Id.; see also Virginia v. Moore, 553 U.S. 164, 171 (2008).<\/p><\/blockquote>\n\n\n\n
Somewhat simplistic and ignores Heien for the time being, but okay.<\/p>\n","protected":false},"excerpt":{"rendered":"
One officer stopped defendant at the request of another. Defendant challenges its basis. \u201cThe question here is not whether the stop was authorized by [state law]. The question is rather whether the car stop was reasonable under the Fourth Amendment.\u201d … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[63],"tags":[],"class_list":["post-51016","post","type-post","status-publish","format-standard","hentry","category-reasonableness"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51016","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51016"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51016\/revisions"}],"predecessor-version":[{"id":51017,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51016\/revisions\/51017"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51016"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51016"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51016"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}