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Article • July 1, 2025 • from CLN July, 2025
California Court of Appeal Issues Writ of Mandate Directing Superior Court to Hold Evidentiary Hearing Under State’s Racial Justice Act, Ruling Defendant Provided Sufficient Evidence to Establish Prima Facie Claim of Implicit Bias by San Diego Police by Sagi Schwartzberg The California Court of Appeal, Fourth Appellate District, granted a …
Article • July 1, 2025 • from CLN July, 2025
Biomedical Engineers Discover Pruny Fingers Yield the Same Fingerprint Patterns as Dry Ones by Jo Ellen Nott A question posed by a child in a Curious Kids column in The Conversation, a nonprofit news website written by academics, led a biomedical engineer to a discovery that could aid forensic analysis …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Reasonable Suspicion
California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Second District, overturned the denial of a defendant’s suppression motion by ruling that the officers’ show of …
Article • November 1, 2024 • from CLN November, 2024
Filed under: Traffic Stops, Terry Stops
Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop by Sam Rutherford by Sam Rutherford The Supreme Court of Wisconsin held that a police officer exceeded the proper bounds of the community caretaking function exception to the Fourth Amendment during the course …
Article • November 1, 2024 • from CLN November, 2024
Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops by Jo Ellen Nott by Jo Ellen Nott The Chicago Police Department (“CPD”) has sidestepped both legal and constitutional mandates of the last 10 years by shifting its focus from pedestrian to traffic stops, a practice which allows the …
Article • May 15, 2024 • from CLN May, 2024
California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning by Jo Ellen Nott by Jo Ellen Knott On January 1, 2024, Assembly Bill 2773 took effect in California. The law requires police officers to tell drivers why they have been pulled over before questioning them on …
Article • April 15, 2024 • from CLN April, 2024
California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment by Anthony Accurso by Anthony W. Accurso The Court of Appeal of California, Fourth Appellate District, overturned the denial of a defendant’s motion to suppress, holding that the officer impermissibly …
Article • March 15, 2024 • from CLN March, 2024
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 by Richard Resch by Richard Resch The Court of Appeals of New York suppressed incriminating evidence recovered from a cyclist …
Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that a Fourth Amendment seizure occurred when an officer, with emergency …
Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fourth Circuit held a district court erred in denying a defendant’s suppression motion regarding an unreasonable …
Article • October 1, 2023 • from CLN October, 2023
New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework by Richard Resch by Richard Resch The Court of Appeals of New York ruled that the defendant (1) moving from the driver’s seat to the passenger’s seat, …
Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops by Anthony Accurso by Anthony W. Accurso Police are tasked with upholding the law, but current case law has created a system where officers are actually incentivized to break the law by making bogus traffic stops. …
Article • May 15, 2023 • from CLN June, 2023
Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence by Anthony Accurso by Anthony W. Accurso The Supreme Court of Ohio held that the Court of Appeals erred in applying the good faith exception …
Article • March 15, 2023 • from CLN April, 2023
Filed under: Traffic Stops
Wyoming Supreme Court Rules Officer’s Conduct Prior to Traffic Stop for Traffic Violation Rendered Stop Unreasonable by Anthony Accurso by Anthony W. Accurso The Supreme Court of Wyoming held that a state trooper’s actions prior to observing a traffic violation rendered the traffic stop unreasonable under both the Wyoming and …
Article • February 15, 2023 • from CLN March, 2023
Filed under: Traffic Stops
Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change by Anthony Accurso by Anthony W Accurso The Supreme Court of Colorado, sitting en banc, ruled that a state trooper lacked reasonable suspicion to initiate a traffic stop based on the driver allegedly making …
Article • September 1, 2022 • from CLN September, 2022
Speed Trap Gold Mine by Jayson Hawkins by Jayson Hawkins All the attention garnered by cops murdering unarmed Black men in America in recent years has led to widespread calls for “police reform,” a rather ambiguous term advocating changes in how police interact with communities of color and new policies …
Article • August 15, 2022 • from CLN September, 2022
New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey ruled that police lacked reasonable suspicion of …
Article • July 25, 2022
Police Dog Rips a Suspect’s Eye from Its Socket after Pretextual Traffic Stop by Jo Ellen Nott by Jo Ellen Nott On the evening of July 10, 2022, an officer with the Gainesville Police Department (“GPD”) in north central Florida stopped Terrel Bradley, 30, on a pretextual traffic stop. Bradley …
Article • July 15, 2022 • from CLN August, 2022
Filed under: Traffic Stops, Suppression
Third Circuit Suppresses Evidence Found After Police Created Safety Concern to Justify Prolonging Traffic Stop by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that prolonging a traffic stop, even for a short period of time, to ensure an officer’s safety is …
Article • June 15, 2022 • from CLN July, 2022
New Jersey Supreme Court: Description of Race and Gender of Robbery Suspects, Without More, Doesn’t Constitute Reasonable Suspicion for Investigatory Traffic Stop of Black Motorists by Mark Wilson by Mark Wilson THE NEW JERSEY SUPREME COURT unanimously held that police lacked reasonable and articulable suspicion to stop a vehicle occupied …
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