Currently Browsing:Fourth Amendment

SC Supreme Court OK’s Prolonged Traffic Stop & Search

State v. Stepheno Jemain Alston (No. 2015-002134) On March 28, 2011, Deputy Donnie Gilbert, employed with the Interstate Criminal Enforcement Team of the Spartanburg County Sheriff’s Office, was monitoring traffic on northbound Interstate 85. At approximately 1:00 p.m., Deputy Gilbert observed a green Hyundai Santa Fe pass him while continuing to strike the dotted lines

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Fourth Circuit: Traffic Stop Violated Defendant’s Fourth Amendment Rights, Conviction Reversed

U.S. v. Brian Bowman (No. 16-4848) Brian Bowman appeals the district court’s denial of his motion to suppress evidence recovered from a dog sniff conducted after an already-completed traffic stop. The Fourth Circuit concludes that the police officer had neither Bowman’s consent to extend the traffic stop nor a reasonable, articulable suspicion of ongoing criminal activity

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US Supreme Court OK’s Arrest of D.C. Party-House Attendees; Justice Ginsburg Questions the High Court’s Fourth Amendment Precedents

District of Columbia v. Wesby This §1983 action arose out of the allegedly unconstitutional arrest of a number of individuals in a vacant house Washington DC. Police responded to a noise complaint and found the interior of the house in disarray, with a number of individuals partying inside. Officers reported smelling marijuana, observing beer bottles and

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Attempted Murder Conviction Affirmed Despite Questionable Cell Phone Search

State v. Robert Lee Moore Appellant was convicted of attempted murder. The victim in this case was found shot in a Taco Bell parking lot. Officers who responded to the scene searched the victim’s car and found several cell phones, one of which belonged to the defendant. An investigating officer removed the SIM card from

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SC Supreme Court Reverses COA; “Tennis Ball” Search Valid

State v. Taylor Police responded to an anonymous call that a black man on a bicycle appeared to be selling drugs in a “high crime area.” Police arrived and saw a black male on a bike “huddled up” with another male; they both attempted to flee when police approached. Police detained Taylor and performed a Terry

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