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Tag Archives: traffic stop

Criminal Practice – Search & Seizure – Traffic Stop – Anonymous Tip – Attorneys – Ineffective Assistance Claim – MAR (access required)

State v. Hernandez At the hearing on defendants’ motion to suppress the drugs found in their car, the only argument raised was the sufficiency of an anonymous tip to justify the traffic stop. Defendants did not preserve for appellate review their new theory that the traffic stop was impermissibly extended once the arresting officers realized the car’s owner – whose license had been suspended – was not driving.

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Criminal Practice – Search & Seizure – Motion to Suppress – Traffic Stop – Reasonable Suspicion – Estimation of Speed (access required)

State v. Royster A motion to suppress a traffic stop is properly denied where a police officer had reasonable articulable suspicion for the stop based on the officer’s reasonable estimate of the accused’s speed, and where the officer had sufficient evidence to identify the driver. The order need not be written where the rationale is expressed at trial from the bench.

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