Traffic Stop

United States of America v. Keith Rodney Moore

Submitted by Jane Clayton on Wed, 11/27/2024 - 19:54

This brief urges the Fourth Circuit to affirm the lower court's decision properly applying circuit precedent to the plaintiff's selective enforcement defense. The selective enforcement defense was appropriately supported by statistics revealing significant racial disparities in the Richmond Police Department’s (“RPD”) enforcement of traffic stops against Black drivers compared to their white counterparts. The evidence supplied by the plaintiff sufficiently demonstrated both discriminatory effect and discriminatory purpose, meeting the threshold for a selective enforcement claim.

Hoskins v. Withers

Submitted by Re'Neisha Stevenson on Tue, 09/03/2024 - 15:26

Trooper’s request that driver sit in patrol car did not turn traffic stop into arrest where driver needed to look on his cell phone for proof of insurance, trooper needed to call dispatch from patrol car, and driver complied with trooper’s request; reasonable officer would not necessarily have known that trooper’s conduct during traffic stop—including taking driver’s second cell phone, pointing gun at him, applying handcuffs, conducting pat down, and putting him in patrol car—elevated investigative detention into arrest; driver reacted angrily to seizure of his phone, trooper could have rea

Memo of Support for CA SB 912

Submitted by Jane Clayton on Tue, 02/06/2024 - 16:43

Memo of support for California Senate Bill 912, the Requiring Objective and Accurate Drug (ROAD) Testing Act, by Senator Scott Wiener. This measure would prohibit law enforcement agencies from using the results of a colorimetric field drug test as probable cause for arrest or as the basis for a drug possession charge prior to a confirmatory test from a crime laboratory.

Reducing Law Enforcement's Footprint to Maximize Community Safety: Eliminating Police-Based Response to Low Level Traffic Violations and Mental Health Crises

Submitted by Jane Clayton on Tue, 02/06/2024 - 16:40

This white paper provides an overview of the harms that flow from relying on law enforcement for civil traffic violations and crisis intervention. These two arenas account for a significant portion of police-civilian contacts and, in turn, a significant portion of civilian deaths at the hands of police. In 2021 alone, police killed at least 1,140 people. 117 of those people were killed after police stopped them for a traffic violation, and 104 were killed after police responded to reports of erratic behavior or mental health crisis.

California SB 50

Submitted by Jane Clayton on Mon, 02/05/2024 - 04:01

Will limit law enforcement’s ability to stop people for minor, non-safety-related traffic infractions, unless there is an independent, safety related basis to initiate the stop. It will also provide technical clarification to ensure that localities can explore non-law enforcement approaches to traffic safety.