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Article • June 15, 2022 • from CLN July, 2022
Kentucky Supreme Court: Traffic Stop Impermissibly Extended Where Officer Stopped Writing Citation to Aid Drug-Detection Dog’s Sniff of Vehicle’s Exterior by Anthony Accurso by Anthony W. Accurso The Supreme Court of Kentucky held that a police officer impermissibly extended a traffic stop when he suspended the completion of writing a …
Article • September 15, 2021 • from CLN October, 2021
Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that police lacked exigent circumstances required to justify warrantless entry to a suspect’s apartment where the suspect was fleeing arrest for a traffic …
Article • August 15, 2021 • from CLN September, 2021
Debunking the Myth of ‘Dangerous’ Traffic Stops by Jayson Hawkins by Jayson Hawkins Daunte Wright. Philando Castile. Walter Scott. Sam DuBose. All too often another name is added to the list of Black men killed by cops at traffic stops. While police training continues to push the narrative that it …
Article • July 15, 2021 • from CLN August, 2021
Filed under: Traffic Stops
Drivers Beware: The Deadly Perils of Blank Check Traffic Stops by John W. Whitehead, Nisha Whitehead “The Fourth Amendment was designed to stand between us and arbitrary governmental authority. For all practical purposes, that shield has been shattered, leaving our liberty and personal integrity subject to the whim of every cop …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect …
Article • January 15, 2021 • from CLN February, 2021
Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals ruled that reasonable suspicion permitting police to conduct a traffic stop did not provide police with probable cause to open the …
Article • January 15, 2021 • from CLN February, 2021
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that a law enforcement officer lacked reasonable suspicion of illegality when he initiated a traffic stop of a commercial vehicle based solely …
Article • December 15, 2020 • from CLN January, 2021
New York Court of Appeals Clarifies When Police May Conduct Traffic Stops by Douglas Ankney by Douglas Ankney The New York Court of Appeals clarified when police may lawfully conduct traffic stops, explaining that “stopping a vehicle for a traffic infraction requires probable cause; stopping a vehicle for suspicion of …
Article • October 15, 2020 • from CLN November, 2020
Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence by Anthony Accurso by Anthony Accurso The Supreme Court of Wisconsin held that the Court of Appeals erred when it affirmed the denial of a suppression motion because officers were not acting in their role as “community …
Article • April 15, 2020 • from CLN May, 2020
Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that a defendant’s counsel was ineffective for failing to challenge the extension of the traffic stop that eventually uncovered evidence resulting …
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