On February 27, 2023, the Eighth Circuit Court of Appeals decided the United States v. Brown[i], which is instructive regarding when a discrepancy between the actual color of a vehicle and the color listed on the registration can amount to reasonable suspicion to conduct a traffic stop.  The relevant facts of Brown are as follows: In the early morning hours of July 18, 2020, Cedar Rapids Police Department Officer Kyzer Moore was patrolling a neighborhood in the southwest part of the city. The neighborhood had been the site of several crimes involving stolen vehicles with "switched" license plates or disguising [...]

On December 17, 2021, the Fourth Circuit Court of Appeals decided the United States v. Smith[i], which serves as an excellent review of the law related to the legal standing of former vehicle occupants to contest a stop and search of a vehicle.  The relevant facts of Smith are as follows: On May 29, 2017, the Greensboro Police Department Street Crimes Unit (SCU) was conducting surveillance at a nightclub called Lucky 7's. Vincent Legrande, whom SCU knew to be a convicted felon, was inside. At approximately 2:00 a.m., SCU officers saw Legrande and two others, later determined to be Smith and [...]

On December 20, 2021, the Tenth Circuit Court of Appeals decided the United States v. Gates[i], which serves as an excellent review of the law related to seizures of persons and reasonable suspicion.  The relevant facts of Gates are as follows: On a cold March evening when some snow covered the ground, Officer Ricks, who had twenty-two years of experience as a police officer and six years of experience with the South Ogden City Police Department, conducted a vehicle patrol in the area of 37th Street and Riverdale Road in South Ogden City, Utah. Around 11:00 p.m. Officer Ricks was driving [...]

On December 22, 2021, the Seventh Circuit Court of Appeals decided the United States v. Ahamd[i], which is instructive regarding whether the retention of a driver’s license and other vehicle documents will render a consent to search a vehicle involuntary and result in the suppression of evidence.  The relevant facts of Ahmad are as follows: On December 31, 2017, Deputy Derek Suttles of the Morgan County Sheriff's Office was conducting drug interdiction on the interstate near South Jacksonville, Illinois. He saw an RV with a dirty Idaho license plate traveling on Interstate 72 and followed it so he could read the [...]

On December 30, 2021, the Eleventh Circuit Court of Appeals decided Stallworth v. Hurst[i], which serves as an excellent review of the law related to false arrest, false imprisonment and malicious prosecution.  The relevant facts of Stallworth are as follows: Stallworth was driving from Daleville to Birmingham, Alabama in a newly purchased car. Shortly after 10:00 p.m., she stopped at a gas station located off the interstate and took a nap in her vehicle. Hurst, who was on patrol duty at the time, arrived at the same gas station around 11:00 p.m. to conduct a routine business check and noticed Stallworth's [...]

On October 13, 2021, the Court of Appeals of Florida decided Robinson v. State[i], which is instructive regarding the law related to canine sniffs at motel common areas.  The facts of Robinson, taken directly from the case, are as follows: Appellant was residing in room 5 of the Youngstown Motel, which is a single-story, multi-unit building with a common exterior walkway running from one side of the building to the other, traversing in front of each motel room door. Law enforcement obtained a search warrant for room 5 based in part on a K-9 sniff of the motel's common exterior [...]