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Criminal Practice – Detention After Traffic Stop Was ‘Reasonable’
U.S. v. Palmer (Lawyers Weekly No. 001-073-16, 30 pp.) (King, J.) No. 14-4736, April 21, 2016; USDC at Norfolk, Va. (Doumar, J.) 4th Cir. Holding: A police officer who stopped defendant for a suspected fraudulent inspection sticker and illegal window tint, and who observed five strongly scented air fresheners inside the car, and who, within […]
Criminal Practice – Search Illegal After Traffic Stop Delay
U.S. v. Charles Williams (Lawyers Weekly No. 15-01-1141, 35 pp.) (King, J.) No. 14-4049, Dec. 14, 2015; USDC at Greensboro, N.C. (Osteen, J.) 4th Cir. Holding: A defendant’s late-night travel toward North Carolina on a “known drug corridor” in a rental car due the next day in New Jersey did not provide reasonable, articulable suspicion […]
Criminal Practice – Traffic Stop Video Did Not Support Arrest
U.S. v. Patiutka (Lawyers Weekly No. 001-163-15, 15 pp.) (Motz, J.) No. 14-4932, Oct. 23, 2015; USDC at Harrisonburg, Va.; 4th Cir. Holding: A video recording of a traffic stop did not support probable cause to arrest defendant for using a false identity based on an apparent discrepancy between his stated birthdate and the birthdate […]
Criminal Practice — Search & Seizure – Traffic Stop – Warrantless Search – Odor of Marijuana
State v. Morris (Lawyers Weekly No. 010-019-15, 9 pp.) (Kaye Hearn, J.) (Costa Pleicones, J., joined by Donald Beatty, J., dissenting) Appealed from York County Circuit Court (John Hayes III, J.) S.C. S. Ct. Holding: When Officer Vinesett approached the passenger side of defendant’s rented vehicle, he detected the odor of marijuana and saw several […]
Blue lights, red flags: 4th Circuit panel splits on failure to focus on racial issues at play in defendant’s arrest
A South Carolina case that was once cited as evidence of Mexican drug cartels fueling U.S. drug trafficking is now provoking conflicting views among appellate judges about racial factors involved in police traffic stops. Three federal appeals court judges split along racial lines in analyzing the possibility of racial selection in a police stop […]
Criminal Practice – Collateral Estoppel – Constitutional – Search & Seizure – Traffic Stop – Open Container & Crack Cocaine
State v. Hewins (Lawyers Weekly No. 010-074-14, 20 pp.) (Donald Beatty, J.) (Costa Pleicones, J., concurring in part & dissenting in part) Appealed from Greenville County Circuit Court (D. Garrison Hill, J.) S.C. S. Ct. Holding: During an extension of a traffic stop, a search of defendant’s car revealed both an open container of alcohol […]
Civil Rights – Tort/Negligence – Traffic Stop – Fatal Shooting
Stockholm v. Teaster (Lawyers Weekly No. 002-120-14, 8 pp.) (Timothy Cain, J.) 6:13-cv-00680; D.S.C. Holding: During a traffic stop, a suspected drunk driver tried to drive away on I-26, and the defendant-state trooper leaned through the open passenger-side window to try to turn off the car’s ignition. While driving across lanes of the interstate, the […]
Court upholds traffic stop based on anonymous tip
WASHINGTON (AP) — The Supreme Court says an anonymous tip can be sufficient to justify a decision by police to pull a car over on suspicion of reckless or drunken driving. The justices voted 5-4 Tuesday to uphold a traffic stop in northern California in which officers subsequently found marijuana in the vehicle. The officers […]
App a fast way for attorneys to connect with speeders, traffic violators
The envelopes that deluge the mailbox of anyone who’s gotten a traffic ticket are a nuisance for both sides — phenomenally expensive for attorneys, and awkward for anyone trying to conceal a ticket from mom, dad or a spouse. They may be the next paper product made obsolete by the march of mobile technology if […]
Criminal Practice – Traffic Stop Valid Despite Citation Error
U.S. v. Williams (Lawyers Weekly No. 14-01-0092, 14 pp.) (Wynn, J.) No. 12-4374, Jan. 23, 2014; USDC at Greenbelt, Md. (Messitte, J.) 4th Cir. Holding: Although police cited the wrong traffic law when ticketing defendant for the illegal act of stopping his vehicle in the middle of a roadway, the traffic stop did not violate defendant’s Fourth Amendment […]
Criminal Practice – Search & Seizure – Traffic Stop – Off-Topic Conversation – No Measurable Extension – Driver’s Nervousness
State v. Provet Off-topic questioning by a law enforcement officer during the course of a traffic stop does not constitute a separate seizure for purposes of the Fourth Amendment so long as the off-topic questioning does not measurably extend the duration of the stop.
Man dead following shooting after traffic stop
Police say one person is dead following an exchange of gunfire after a late-night traffic stop in Hanahan.
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- Virginia Tech student got due process in hearing
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
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