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Traffic Stop

Apr 27, 2016

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 […]

Dec 16, 2015

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 […]

Oct 28, 2015

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 […]

Jan 28, 2015

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 […]

Jan 7, 2015

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 […]

Jul 18, 2014

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 […]

Jun 9, 2014

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 […]

Apr 22, 2014

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 […]

Feb 26, 2014

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 […]

Jan 31, 2014

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 […]

Aug 21, 2013

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.

Aug 20, 2013

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.

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