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Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional
by David M. Reutter
The Supreme Court of Iowa reversed a motion court’s denial of a motion to suppress. The Court held a police officer failed to develop a reasonable suspicion of other criminal activity before unreasonably prolonging a traffic stop.
Johnson County Sheriff Office Deputy Cody O’Hare was responding ...
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More from this issue:
- News in Brief
- Cops Killed Nearly 13 Times More People Than Mass Shooters, by Bill Barton
- U.S. District Judge Blows Open ATF Fake Stash-House Stings, Wants to Know Why They Only Target Minorities, by Dale Chappell
- New Jersey Tightens Reins on Civil Asset Forfeiture, by Douglas Ankney
- Nevada Supreme Court: 26-Month Delay Between Charges and Arrest Constitutes Speedy Trial Violation, by Anthony Accurso
- New York to Seal Convictions for Small Amounts of Marijuana
- Warrant Gives Police Access to DNA Database, by Jayson Hawkins
- Rhode Island Supreme Court Reverses Conviction Due to Prosecutor’s Remarks and Jury Consideration of Inadmissible Evidence, by Douglas Ankney
- Colorado Supreme Court Announces Implied Bias the Same as Actual Juror Bias, Requiring Automatic Reversal, by Anthony Accurso
- Racial Disparity at Sentencing on the Rise, by Anthony Accurso
- NYC Drug Prosecutor Bucks Trend of Releasing List of Cops with Credibility Issues, by Douglas Ankney
- Louisiana Supreme Court: State Abused Charging Authority by Dismissing and Reinstituting Charges to Circumvent Adverse Court Ruling, by Anthony Accurso
- Jury Nullification as a Cure for Prosecutorial Overreach, by Anthony Accurso
- New Lie Detectors Are On the Way, But Are They Better Than the Old One?, by Anthony Accurso
- California Supreme Court: Positioning Computer Monitor to Obstruct Defendant’s View of Complaining Witness Violates Confrontation Clause, by Douglas Ankney
- Ohio Supreme Court: Ineffective Assistance of Counsel Analysis Applies to Failure to Seek Waiver of Court Costs, by David M. Reutter
- Massachusetts Supreme Judicial Court: Police Must Inform Arrested Driver That Passenger Can Assume Custody of Vehicle if Lawful and Practical as Alternative to Impoundment, by Douglas Ankney
- California Court of Appeal: Hunch That Proves Correct Is Not Reasonable Suspicion for Traffic Stop, by Douglas Ankney
- Sex Offenders Go to W.A.R., by Edward Lyon
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, by Chad Marks
- Nevada Supreme Court: Duress Defense May be Used for Non-Death Penalty Charges, Even When Connected to Charges Punishable by Death, by Dale Chappell
- Reform-Minded Prosecutors Use Charging Discretion to Benefit Communities, by Anthony Accurso
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, by Michael Berk
- Pennsylvania Supreme Court Holds Retention of Defendant’s ID Card Constitutes ‘Seizure’ for Fourth Amendment Purposes, by Dale Chappell
- Sex Offender Registries Grounded in False Notions, by Anthony Accurso
- Third Circuit Holds ‘Bare’ Arrest Record Insufficient to Support Higher Sentence, by Dale Chappell
- Fact or Fiction, Television Crime Shows Ignore Racism and Reality, by Michael Fortino, Ph.D
- The Faulty Science of Breathalyzers, by Jayson Hawkins
- Sixth Circuit: Ohio’s Stringent Post-Conviction Filing Deadline Opens Window for Federal Review Under Trevino, by Anthony Accurso
- Maryland Court of Appeals Announces, When Requested, Trial Courts Must Ask During Voir Dire Whether Jurors Will Follow Court’s Instructions on Presumption of Innocence, Burden of Proof, and Right Not to Testify, by Douglas Ankney
- Louisiana Supreme Court: When an Identified Attorney Seeks to Assist a Person in Custody and Police Fail to Inform the Person, Inculpatory Statements Must Be Suppressed, by Douglas Ankney
- D.C. Circuit: 18 U.S.C. § 1114 Does Not Apply Overseas But § 924(c) Does, by Douglas Ankney
- Third Circuit: Confrontation Clause Violated When Jury Is Told ‘Other Guy’ Referenced in Non-Testifying Codefendant’s Statement Is the Defendant, by Douglas Ankney
- Georgia Supreme Court Overrules 50 Years of Jurisprudence and Announces Courts Are to Consider Cumulative Prejudice of Trial Court and Counsel Errors, by Douglas Ankney
- Ninth Circuit Orders Habeas Relief After California Concedes Conviction Should Be Overturned Due to Defense Counsel’s ‘Virulent Racism’, by Douglas Ankney
- Michigan Supreme Court: Defendant Entitled to Self-defense Jury Instruction, by David M. Reutter
- Seventh Circuit Holds Brain Injury May Allow Equitable Tolling to File Late Habeas Petition, by Dale Chappell
- Life Sentence for Murder Overturned by New DNA Technology, by Michael Fortino, Ph.D
- Expert’s Burn-Pattern Conclusions Flawed, by David M. Reutter
- New York’s SARA Requirements Force Sex-Offenders into Homelessness Then Hold Them in Prison Due to Their Homelessness, by Kevin Bliss
- Law Review Article Zeros in on Roadblocks to Plea Bargain Fairness and Effectiveness, by David M. Reutter
- Kansas Supreme Court: State Failed to Prove Building Was a Dwelling, by Douglas Ankney
- Maine Supreme Court Declares Blood Draw Statute Unconstitutional, Overruling Cormier, by Douglas Ankney
- Utah District Court Finds First Step Act Gives Court Authority to Reduce Stacked 55-Year § 924(c) Sentence, by Chad Marks
- Seventh Circuit Vacates Guilty Pleas Based on Misinformation of Mandatory Minimum, by David M. Reutter
- More Trainings Are Not the Answer to Police Violence Against Disabled People, by Euree Kim
- Sixth Circuit Adopts ‘Naked Eye Test’ for Altered Firearm Serial Number Enhancement, by Dale Chappell
- Connecticut Supreme Court Clarifies Standard of Review for Confrontation Clause Claims; Reverses and Remands for a New Trial, by Douglas Ankney
- Spirited (But Problematic?) Advocacy for Bernie Madoff to Receive Compassionate Relief, by Professor Douglas A. Berman
- Iowa Supreme Court: Officer’s Delay of Traffic Stop to Investigate Other Matters Unconstitutional, by David M. Reutter
- The Rise of Smart Camera Networks, and Why We Should Ban Them, by Michael Kwet
More from David M. Reutter:
- Fifth Circuit Kills Suit by Louisiana Prisoners Whose Release Dates Were Incorrectly Calculated, Aug. 15, 2023
- Federal Court Upholds and Monitors Requirement for Tennessee Jail to Provide COVID-19 Vaccination for Detainees, July 15, 2022
- Federal Courts Order Seizure of Canteen Funds for Restitution Owed by High-Profile Prisoners, July 15, 2022
- California Court Rules Bail Bond Companies Must Give Cosigners Financial Impact Notice, July 15, 2022
- Supreme Court of Kansas: Lower Court Did Not Have Authority to Revoke Probation Without a Warrant, July 15, 2022
- Idaho Supreme Court: Telephonic Testimony Violated Defendant’s Sixth Amendment Right to Confrontation, June 15, 2022
- Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal, June 15, 2022
- Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence, June 15, 2022
- Wisconsin Prisoner In Vegetative State After Suicide Attempt Wins New Trial on Jury Instruction Error, July 1, 2021
- Illinois Prisoner’s Negligence Lawsuit Alleging Injuries from Wart Treatment Timely Filed, July 1, 2021
More from these topics:
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, Aug. 1, 2024. Fourth Amendment, rights, Suspicionless Searches.
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, May 15, 2024. Traffic stop, State Constitutional Claims, Pretextual Stops, Traffic Stops.
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024. Traffic stop, Seizure, Freedom of Movement, Traffic Stops.
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, Feb. 15, 2024. Police Misconduct, Excessive Force (Police), Fourth Amendment, rights, Police/Govt Misconduct, Monell Liability, Fourth Amendment.
- Calls for California Sheriff’s Department Oversight After Jail Deaths, $30,000 Settlement for Botched Traffic Stop, Sept. 15, 2023. Settlements, Police--Excessive Force, Traffic stop.
- St. Joseph County Sheriff Pleads Guilty to Two Misdemeanors for Driving Drunk at a 100 mph and Carrying Concealed Weapon While Drunk, June 23, 2023. Police Misconduct, Police Chases, Traffic stop, DUI.
- Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, June 15, 2023. Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent.
- Memphis Police Beat Man to Death, June 15, 2023. Police--Excessive Force, Traffic stop.
- “I Can’t Breathe!” – California Reaches Record $24 Million Civil Rights Settlement in Fatal Police Custody Incident Two Months Before George Floyd Uttered Same Plea, May 11, 2023. Settlements, Police--Excessive Force, Traffic stop, DUI.
- Police Using GPS Sticky Darts to Avoid High-Speed Car Chases, April 15, 2023. Police Chases, Traffic stop.