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Articles Posted in Reasonable Suspicion

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Illinois Appellate Court Refuses to Find Officer’s Mistake of Law to be Made in Good Faith

The United States Constitution prohibits unreasonable search and seizure, which means you cannot be stopped and you and your property cannot be searched without just cause. As set forth in State v. Walker, the right to be free from unreasonable search and seizure has been applied to suppress evidence obtained…

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The Automobile Exception to the 4th Amendment Does Not Permit Warrantless Entry of a Home or Curtilage to Search a Vehicle

One of the many protections afforded individuals by the United States Constitution is the Fourth Amendment protection against unreasonable search and seizure without a search warrant. There are certain exceptions to the shield provided by the Fourth Amendment, one of which is the automobile exception. Under the automobile exception, a…

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Kansas Supreme Court Holds Officer Lacked Reasonable Suspicion to Stop DUI Defendant Based on “Power Braking”

A driver was convicted of unlawful exhibition of speed and misdemeanor DUI. The Kansas intermediate court reversed his convictions. The panel reasoned that the unlawful exhibition of speed statute (Kansas Annotated Statute section 8-1565) was unconstitutionally vague, and the arresting officer did not have a reasonable suspicion to stop the driver. The…

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Florida Appeals Court Holds Warrant Required to Search Car’s “Black Box”

Last month, a Florida appellate court held that police need to obtain a warrant before downloading information recorded in a car’s “black box.” Specifically, the Fourth District Court of Appeal in West Palm Beach concluded that there is a reasonable expectation of privacy in the information stored in the black…

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