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Although it was acknowledged that passengers present less risk in terms of traffic accidents, more people in a vehicle increases risk to the officer in the event of violence. Furthermore, even though there appears to be less probable cause behind ordering a passenger out than a driver, the only major change in circumstances is the person being ...
In each case, the court ruled against suppressing the evidence. However, the Michigan Supreme Court reversed these rulings. Relying largely on federal precedent, especially Terry v. Ohio, the Supreme Court ruled that the "protective search" violated the Fourth Amendment, and thus the "poisonous fruit" of the illegal search must be discarded.
United States v. Drayton, 536 U.S. 194 (2002), was a case in which the United States Supreme Court clarified the applicability of Fourth Amendment protections to searches and seizures that occur on buses, as well as the function of consent during searches by law enforcement. [1]
"Stop and identify" laws in different states that appear to be nearly identical may be different in effect because of interpretations by state courts. For example, California "stop and identify" law, Penal Code §647(e) had wording [37] [38] [39] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v.
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While the specifics of stop-and-identify statutes and ordinances vary, a significant number of states and local jurisdictions have enacted such laws. [23] In New York, courts have limited the effects of Terry by creating a four-level continuum of intrusion, each of which requires its own level of suspicion. [ 24 ]
A dark pillar of smoke rose above East Palestine, Ohio, in early February, prompting a mandatory evacuation of the village’s residents. A Norfolk Southern train carrying numerous hazardous ...
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