Archive | traffic stop

Wednesday, August 31st, 2016

Second Circuit Updates – August 31, 2016

In United States v. Cunningham, No. 14-4425, the Court reversed Judge Sullivan’s decision denying a suppression motion in a robbery case where a gun was recovered from defendant-appellant Damian Cunningham’s vehicle after a traffic stop. The Court found that the circumstances of the stop did not justify a full protective search, noting in part that gender and race may have played a part in the determination of immediate danger that led to the search and the denial of the suppression motion. Full discussion to follow.…

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Categories: traffic stop

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Categories: traffic stop

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Monday, January 19th, 2009

Crosswalk Puzzle

United States v. Stewart, No. 07-3003-cr (2d Cir. January 8, 2009) (Winter, Miner, Cabranes, CJJ)

Brett Stewart was a passenger in a livery cab that stopped at a red light. Two police officers claimed that the cab’s front wheels ended up in the crosswalk, a traffic violation. They pulled over the cab and recovered a gun from Stewart.

At Stewart’s suppression hearing, the officers gave their account, while the cab driver testified that he stopped before entering the crosswalk, which the district court credited. The court found that the officers had been subject to an optical illusion or distraction; it took judicial notice “of the fact that a stationary object may shift in one’s visual perception as one moves past it [and thus] that an object abutting a straight line may appear to be over that line as an observer moves past and away from that line.” The district court …


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Categories: probable cause, reasonable suspicion, traffic stop, Uncategorized

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