{"id":62032,"date":"2025-10-01T09:02:43","date_gmt":"2025-10-01T14:02:43","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62032"},"modified":"2025-10-01T09:02:43","modified_gmt":"2025-10-01T14:02:43","slug":"s-d-tex-when-officer-knows-rs-for-stop-ceases-to-exist-checking-license-and-papers-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62032","title":{"rendered":"S.D.Tex.: When officer knows RS for stop ceases to exist, checking license and papers unreasonable"},"content":{"rendered":"\n<p>Having discovered that there was no legal basis for defendant\u2019s stop, asking for papers unreasonably extended the stop. \u201cBroadening Rodriguez to allow officers to inspect documents when they are already aware that no violation has occurred would effectively sanction random license checks of every motorist on the freeway. See Brown v. Texas, 443 U.S. 47, 52 (1979) (when officers initiate stops lacking an \u2018objective criteria, the risk of arbitrary and abusive police practices exceeds tolerable limits\u2019).\u201d United States v. Rivera-Leal, 2025 U.S. Dist. LEXIS 192814 (S.D. Tex. Sep. 30, 2025). [The government will appeal this.]<\/p>\n\n\n\n<p>Where it was undisputed that a teacher had good reason to believe a student had a gun at school, qualified immunity applies. \u201cRussell had good cause to believe that X.M. might have had a gun at school. Because the other facts in dispute are not material to Russell&#8217;s qualified immunity defense, and because Russell\u2014as a matter of law\u2014did not violate X.M.&#8217;s clearly established constitutional rights, even under X.M.&#8217;s version of the facts, we REVERSE.\u201d Johnson v. Mount Pleasant Pub. Sch., 2025 U.S. App. LEXIS 25334 (6th Cir. Sep. 30, 2025) (2-1).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Having discovered that there was no legal basis for defendant\u2019s stop, asking for papers unreasonably extended the stop. \u201cBroadening Rodriguez to allow officers to inspect documents when they are already aware that no violation has occurred would effectively sanction random &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62032\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[40,35,33],"tags":[],"class_list":["post-62032","post","type-post","status-publish","format-standard","hentry","category-qualified-immunity","category-reasonable-suspicion","category-school-searches"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62032","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=62032"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62032\/revisions"}],"predecessor-version":[{"id":62033,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62032\/revisions\/62033"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62032"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62032"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62032"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}