{"id":53770,"date":"2022-12-13T09:10:56","date_gmt":"2022-12-13T14:10:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53770"},"modified":"2022-12-13T09:11:36","modified_gmt":"2022-12-13T14:11:36","slug":"wi-a-description-of-a-harley-in-wisconsin-in-april-is-not-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53770","title":{"rendered":"WI: A description of a Harley in Wisconsin in April is generic and not RS"},"content":{"rendered":"\n

The description of the offending vehicle as a Harley in Wisconsin is so generic it can\u2019t support a stop. \u201cAfter 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. \u2026 Additionally, although the circuit court found that it was \u2018the beginning, very beginning, of [motorcycle] season,\u2019 it also acknowledged that \u2018[c]ertainly, people drive their bikes in April.\u2019 [\u00b6] 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.\u201d State v. Richey<\/a>, 2022 WI 106, 2022 Wisc. LEXIS 599 (Dec. 9, 2022).<\/p>\n\n\n\n

Defendant\u2019s motion to reopen the suppression hearing to put on more about the good faith exception is denied. What is tendered doesn\u2019t matter. United States v. Wright, 2022 U.S. Dist. LEXIS 222351 (S.D. Ga. Dec. 9, 2022).*<\/p>\n\n\n\n

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).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The description of the offending vehicle as a Harley in Wisconsin is so generic it can\u2019t support a stop. \u201cAfter all, Wisconsin is the home of Harley-Davidson, and it is one of, if not the most popular manufacturers of motorcycles … 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":[66,40,35],"tags":[],"class_list":["post-53770","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-qualified-immunity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53770","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=53770"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53770\/revisions"}],"predecessor-version":[{"id":53772,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53770\/revisions\/53772"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53770"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53770"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53770"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}