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New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation
by Richard Resch
The Court of Appeals of New York suppressed incriminating evidence recovered from a cyclist after police officers initiated a traffic stop of the cyclist, searched him, and recovered a loaded handgun, holding that the same standard for initiating a traffic stop of motor vehicles applies to bicycles ...
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More from this issue:
- Understanding Fusion Centers, by Michael Thompson
- Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts, by Jo Ellen Nott
- LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment, by Anthony Accurso
- Lung Float Test: Junk Science Used to Convict Women of Murder, by David Reutter
- Watchlisted: You’re Probably Already on a Government Extremism List, by Nisha Whitehead, John W. Whitehead
- Studying Ant Bites on Cadavers May Advance Criminal Investigations, by Douglas Ankney
- Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement, by Douglas Ankney
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, by Douglas Ankney
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, by Matthew Clarke
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, by Anthony Accurso
- Audit Finds LAPD’s Frivolous Use of Helicopters Flunks Cost/Benefit Analysis, by Douglas Ankney
- The Supreme Court’s Forensic Follies, by Michael Thompson
- Texas Court of Criminal Appeals Announces Correct Computation of Time for Purposes of Determining When Statute of Limitations Has Run for Returning Indictment, by Douglas Ankney
- Research Paper Reveals Laypeople Have Insufficient Understanding of False Confessions by Examining Prior Research Based on Surveys and Mock Juries, by David Reutter
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, by Jo Ellen Nott
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6, by David Reutter
- Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, by Jo Ellen Nott
- New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, by Anthony Accurso
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, by Richard Resch
- First Circuit: Miranda Waiver Not Valid Where Interrogating Officer Answered ‘No’ to Defendant’s Question — ‘None of this can be used against me, can it?’, by Douglas Ankney
- The Potential for Soil Dust Analysis in Forensics, by Anthony Accurso
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, by David Reutter
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, by Matthew Clarke
- ‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms, by Douglas Ankney
- Improvements to Decertification Procedure for Law Enforcement Officers Guilty of Excessive Force Urgently Needed, by Douglas Ankney
- Minnesota Supreme Court Holds Prosecutor’s Repeated Statements During Closing Arguments That Defendant ‘No Longer Has Presumption of Innocence’ Constitutes Plain Error, Requiring a New Trial, by David Reutter
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, by Richard Resch
- Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, by Jo Ellen Nott
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- FBI Searches of NSA Data Extended Until April, Despite Admission of Unconstitutionality, by Anthony Accurso
- Suspicion of Government Surveillance Increasing, by Anthony Accurso
- Cops’ Sky-High Hopes, by Michael Thompson
- DEA and Police Use Pretense of Consent Searches to Effectively Steal Cash From Airport Travelers, by Anthony Accurso
- A Legal Argument Against Government Purchase of Location Data, by Anthony Accurso
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, by Anthony Accurso
- News in Brief
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More from Richard Resch:
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023
- D.C. Circuit Orders New Trial Due to Brady Violations Involving Source of Information, Not Withholding of Information Itself, Oct. 1, 2023
- Wyoming Supreme Court Reverses ‘Contempt of Cop’ Conviction Because Police Were Not Lawfully Performing Their Official Duties, Sept. 1, 2023
More from these topics:
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, May 15, 2024. Traffic stop, State Constitutional Claims, Pretextual Stops, Traffic Stops.
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024. Drug-Sniffing Dog, Traffic Stops.
- Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle, Dec. 15, 2023. Search and Seizure, Searches - Automobile, Seizure, Freedom of Movement, Traffic Stops.
- Calls for California Sheriff’s Department Oversight After Jail Deaths, $30,000 Settlement for Botched Traffic Stop, Sept. 15, 2023. Settlements, Police--Excessive Force, Traffic stop.
- St. Joseph County Sheriff Pleads Guilty to Two Misdemeanors for Driving Drunk at a 100 mph and Carrying Concealed Weapon While Drunk, June 23, 2023. Police Misconduct, Police Chases, Traffic stop, DUI.
- Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops, June 15, 2023. Excessive Force (Police), Traffic Stops, Immunity - Absolute and Qualified.
- Memphis Police Beat Man to Death, June 15, 2023. Police--Excessive Force, Traffic stop.
- Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence, May 15, 2023. Traffic Stops, Good Faith Exception, Exclusionary Rule.
- “I Can’t Breathe!” – California Reaches Record $24 Million Civil Rights Settlement in Fatal Police Custody Incident Two Months Before George Floyd Uttered Same Plea, May 11, 2023. Settlements, Police--Excessive Force, Traffic stop, DUI.
- Police Using GPS Sticky Darts to Avoid High-Speed Car Chases, April 15, 2023. Police Chases, Traffic stop.