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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
by Sam Rutherford
“The body of America’s Fourth Amendment jurisprudence reflects the effort to strike a balance between the state’s obligation to responsibly and legitimately meet the critical needs of public safety with the nation’s founding and enduring commitment to protect the individual liberty ensured to all its people.”
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More from this issue:
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, by Casey Bastian
- New Mexico Supreme Court Revises Rules Governing Pretrial Release, by Douglas Ankney
- 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, by Sam Rutherford
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, by Nisha Whitehead, John W. Whitehead
- First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, by Sam Rutherford
- After California Cops Kill Someone, They Probe Families for Information on Deceased Before Telling Them Their Loved One Is Dead, by Douglas Ankney
- SCOTUS Clarifies Nieves Exception to Lack of Probable Cause Requirement for First Amendment Retaliatory-Arrest Claim Does Not Require ‘Virtually Identical and Identifiable Comparators’, by Sam Rutherford
- SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act, by Sam Rutherford
- FBI Encourages Use of Controversial Surveillance Program Despite Misuse, by Jo Ellen Nott
- Texas Man Exonerated by DNA Evidence After 25 Years of Maintaining His Innocence, by Jo Ellen Nott
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, by Douglas Ankney
- Nevada Supreme Court Announces District Courts Have No Discretion to Deny Motion to Set Aside Judgment of Conviction Filed by Statutorily Qualified Defendants Under NRS 176A.240(6)(a), by Douglas Ankney
- Don’t Stand Too Close to First Responders Under New Florida Law, by Douglas Ankney
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, by Anthony Accurso
- 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, by Sam Rutherford
- College and Post-Carceral Job Searches, by Michael Thompson
- Kansas Supreme Court Severs ‘Noisy Conduct’ Law as Unconstitutionally Overbroad, by David Reutter
- Big Money and Massive Surveillance: The Finance Industry’s Partnership With Federal Law Enforcement, by Douglas Ankney
- Researchers Discover Wire-Cutting Evidence Is Too Unreliable for Court, by Douglas Ankney
- For Signal, Privacy Is Not Merely a Buzzword, by Michael Thompson
- Dozens of Prisoners in Colorado Notified About Potential Compromised DNA Evidence
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, by Casey Bastian
- Louisiana Supreme Court Finds Prosecution Withheld Favorable Impeachment and Exculpatory Evidence in Violation of Brady, by Matthew Clarke
- Dogs Are Sniffing Out Electronics, by Michael Thompson
- False or Misleading Forensic Evidence Plays an Oversized Role in Wrongful Convictions, by Jo Ellen Nott
- Tenth Circuit: Counsel Advising Black Defendant No Minorities Would Be on Jury Is Material Misrepresentation About Right to Impartial Jury Rendering Guilty Plea Unknowing and Involuntary, by David Reutter
- The Prosecutor and the Snitch Ring, by Jordan Smith, Liliana Segura
- News in Brief
- Bluetooth Surveillance Tool Added to List of Known Cache of DHS’ Surveillance Technology, by Douglas Ankney
More from Sam Rutherford:
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025
More from these topics:
- Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip, Dec. 1, 2024. Scope of Permissible Searches, Suspicionless Searches.
- 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.
- 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.
- 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.
- Fourth Amendment Loopholes and the PATRIOT Act’s Legacy, Sept. 15, 2022. Fourth Amendment, rights, Patriot Act, USA Patriot Act.
- LASD Defends Practice of Stopping Latino Bicyclists, Says People Using Bikes for Transportation Are Generally Criminals, May 1, 2022. Racial Profiling, Suspicionless Searches.
- Search Your Constitution in Vain for the Fourth Amendment—the DOJ Seized It (Stealthily), March 15, 2022. FBI, Police State-Surveillance, Suspicionless Searches.
- Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, Dec. 15, 2021. Police State-Surveillance, Warrantless Searches, Suspicionless Searches.
- Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison, Dec. 1, 2021. Strip Searches, Visitor Searches, Fourth Amendment, rights.
