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» Entries tagged with "probable cause"

Somebody Must Have Read Catch-22

A member of the East Valley DUI Stasi Task Force apparently decided to park himself outside of a local bar one night last year. According to at least one witness, the cop then proceeded to stop one person after another for neither a traffic violation nor on reasonable suspicion of impaired driving. He was basically a one-man DUI checkpoint at the exit of a local bar, they said. My client, who was stopped that night by that officer at that location for a traffic violation he denies committing, wanted to prove what the officer was doing. In most of my DUI cases, I find that clients don’t complain much about the stop. On the other hand, I don’t believe I’ve ever encountered a stop made by an officer … Read entire article »

Filed under: DUI, Police

The Greater Harm

Early last month, the United States District Court for the District of Arizona issued an opinion about whether driving slowly in the fast lane constituted reasonable suspicion for a traffic stop. FourthAmendment.com wrote about the opinion a few days ago in a post entitled “D.Ariz.: Driving less than the speed limit in the left lane was RS for stop.” Curious, I looked up the case and read the facts. An officer was patrolling the three lanes of westbound traffic on I-10 in Tucson when he saw a pickup truck in the far-left lane going under the 65 mile-per-hour speed limit. The officer noticed other cars were slowing behind the black pickup and passing it in the center lane. When the speed limit increased to 75 miles per … Read entire article »

Filed under: Arizona Cases, immigration, Search and Seizure

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