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Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional
by Anthony Accurso
U.S. Court of Appeals for the Fourth Circuit held officers lacked probable cause to arrest a motorist who failed to provide identification when officers stopped to help with car trouble.
On April 25, 2017, George Wingate III noticed the check engine light activated while he was driving ...
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More from this issue:
- No-Knock Warrants Leave Trail of Terror, Property Damage, and Deaths, by David Reutter
- A Primer on Overcriminalization, by David Reutter
- Eighth Circuit Vacates Habeas Denial, Remands to Determine Whether ‘Martinez Exception’ Excused Procedural Default by State Prisoner, by Dale Chappell
- Seventh Circuit: Federal Habeas Relief for State Prisoner Due to Counsel’s Failure to Raise No-Causation Defense, by Dale Chappell
- Federal Habeas Corpus: Filing Procedures, by Dale Chappell
- The Parole App Trap, by Jayson Hawkins
- Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional, by Anthony Accurso
- Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement, by Douglas Ankney
- New Jersey Police Union Contracts Laden With Financial Largesse, by Casey Bastian
- D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief, by Dale Chappell
- D.C. Department of Forensic Sciences Firearms Examination Unit Under Fire, by Derek Gilna
- Seventh Circuit Exercises Supervisory Powers in Reversing District Court’s Judgment Revoking Supervised Release, by Douglas Ankney
- Seventh Circuit: District Court Retains Jurisdiction When Habeas Petitioner Moves to Prison Outside of District, by Dale Chappell
- Iowa Supreme Court Announces Brady Standard Applies to Motion for New Trial Based on Withheld Exculpatory Medical Records, by Douglas Ankney
- Abuse of Civil Asset Forfeiture Laws Prompts Class Action Lawsuit, by Casey Bastian
- Michigan State Police Reverse on Use of Messaging App That Can Evade FOIA Requests, by Douglas Ankney
- Tech Company Enables Surveillance, by Jayson Hawkins
- Wyoming Supreme Court: District Court Abused Discretion by Granting State’s Dismissal of Charges Without Prejudice and Refiling to Gain Tactical Advantage, Remands for Dismissal With Prejudice, by Douglas Ankney
- Fourth Circuit: Employment Restriction for Supervised Release Overbroad and Impermissible Delegation of Power to Probation, by Dale Chappell
- Texas Court of Criminal Appeals: Good Faith Exception Inapplicable to Unsworn Search Warrant, by Anthony Accurso
- Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme, by Anthony Accurso
- New Jersey Appellate Court Holds Defendant Entitled to Source Code of Novel Probabilistic Genotyping Software Upon Showing of Particularized Need, by Douglas Ankney
- Orwellian Fusion Centers Are Watching You, by Casey Bastian
- Utah Supreme Court: Appeal of Plea in Justice Court Doesn’t Vacate Judgment, by David Reutter
- California Court of Appeal: Prisoners Are Not Required to Serve ‘Thompson Terms’ After Grant of Parole Under Elderly Parole Program, by Douglas Ankney
- North Carolina Supreme Court Reverses Embezzlement Convictions for Failure to Hold Competency Hearing After Mid-Trial Suicide Attempt, Involuntary Commitment, by Matthew Clarke
- New York Court of Appeals Rejects Federal Jurisprudence Allowing Searches of Vehicles Based on Warrants Authorizing Searches of ‘Premises’, by Douglas Ankney
- Surveillance and the City, by Jayson Hawkins
- Fifth Circuit: Anonymous Tip Didn’t Provide Reasonable Suspicion to Conduct Investigatory Stop, by Douglas Ankney
- Ohio Supreme Court: Imposing Two Punishments for One Quantity of Mixture of Heroin and Fentanyl Violates Double Jeopardy, by Douglas Ankney
- Illinois Study: Crime Rate not Tied to Prison Population Levels, by Kevin Bliss
- Ninth Circuit: State’s Forced Medication Order Was Properly Challenged Under Federal Habeas Corpus, by Dale Chappell
- Tracking Browser History, by Jayson Hawkins
- Ninth Circuit Announces Police Inserting Key in Car Door to Determine Vehicle Ownership Constitutes Search Overruling Circuit Precedent, by Anthony Accurso
- All Bark but No Bite, by Douglas Ankney
- Socially Unacceptable New York Cops, by Edward Lyon
- News in Brief
- New Jersey Supreme Court Announces Adoption of Framework for Evaluating Discovery Motions Challenging Warrant Affidavits Based on Unidentified Confidential Informants, by Douglas Ankney
More from Anthony Accurso:
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025
- Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers, April 15, 2025
- Crowdsourcing a Map to Track License Plate Surveillance, April 15, 2025
- D.C. Police Continue Heavy Investment in Social Media Monitoring, April 15, 2025
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, April 1, 2025
- North Carolina Reimburses Prisoner $2,500 for Law Books Destroyed by Guards, April 1, 2025
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025
More from these topics:
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, Nov. 1, 2024. Traffic Stops, Terry Stops.
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, Aug. 1, 2024. Probable/Proximate Cause, False Arrrest/Malicious Prosecution, Terry Stops.
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024. Contractor Misconduct, Police Misconduct, Police, Terry Stops, Suspicionless Searches.
- Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search, Feb. 15, 2024. Terry Stops, Pat Down Searches, No Suspicion of a Crime, Suspicionless Searches, Anonymous 911 Call.
- It’s Time for Jaywalking Laws to Take a Hike, March 16, 2023. Racial Discrimination, Settlements, Terry Stops.
- Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, Jan. 15, 2023. Procedural Default/Error, Terry Stops.
- Kentucky Supreme Court: Officer’s History of Arresting Defendant on Multiple Occasions Constituted ‘Show of Authority’ That Defendant Was Not Free to Leave, Resulting in Unlawful Terry Stop, May 1, 2022. Police Misconduct, Terry Stops.
- $90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case, Oct. 20, 2020. Excessive Charges, Terry Stops.
- From Detroit: How Not to Use Facial Recognition in Policing, Sept. 15, 2020. witness misidentification, Racial Bias, Identification Evidence and Testimony.
- U.S. v. Goddard, No. 05-3080 (D.C. Cir.) (491 F.3d 457) (June 22, 2007) (Per Curiam), May 1, 2007. Punch And Jurists, Terry Stops.
