Traffic police case

Click on the case titles to link to the full case decision. The Court held in this case that an officer's prior knowledge of a person's criminal behavior can be considered along with other facts to determine probable cause even though this information cannot be used at trial. 1.) The Court took judicial notice that radar and the Doppler Principle are accurate. 2.) The operator only needs a few hours of training to be qualified. 3.) The operator need not understand the intricate electrical workings of the device. 4.) The radar equipment is properly set up and tested. 19661104_0040092.KY(1966)-stationary police radar case: 1) It is sufficient that the instrument was tested within hours of being used for a speeding case and that it was tested using a calibrated tuning fork. 2) The operator has such knowledge and training as enables him to properly set up, test, and read the instrument. 3) It is not required that the operator understand the scientific principles of radar or be able to explain its internal workings. 4) A few hours' instruction normally should be enough to qualify an operator. 1. The officer operating the device has adequate training and experience in its operation. 2. That the radar device was in proper working condition at the time of the arrest. This will be established by proof that suggested methods of testing the proper functioning of the device were followed. 3. That the device was used in an area where road conditions are such that there is a minimum pos...

An Orlando police officer is facing charges after fleeing a traffic stop near Oviedo last week while driving in his agency-issued cruiser, according to the Seminole County Sheriff’s Office. Officer Alexander Shaouni was stopped by a Seminole County deputy sheriff last Tuesday for driving about 80 mph in a 45 mph zone while driving east on Florida Avenue without his siren or emergency lights on. The deputy sped to catch up with Shaouni, pulling him over on De Leon Street and angling in front of the police cruiser to make the stop. Body camera video, which blurs Shaouni’s face, shows the officer was upset that he was pulled over, telling the deputy he was driving into work. “What does it look like I am dressed for?” Shaouni said. The deputy replied, “Let me see your driver’s license.”

[ Publisher’s Note: The materials on this website are provided for informational purposes only and do not constitute legal advice. You should not act or rely on any information contained in this website without first seeking the advice of an attorney.] we believe every FTO should know and be able to relate to their own investigations and contacts, and now here’s the second half. Remember: The descriptions below will be brief. This shouldn’t be misconstrued to be a case law update or legal advice, but, rather, an urging that you do your own reading and research, in detail, to improve your knowledge on this list. Understand that we are not attorneys and that you should always seek out your agency’s legal advisor for specific direction or questions. Of course, based on your specific region Circuit Courts rulings might vary. Pennsylvania v. Mimms Traffic stops are something most officers do daily. More frequently we are being recorded by the occupants, as they try to assert their rights, whether existent or fiction. Can you force a driver to roll down their window? What about turn off their radio? Rather than trying to control everything within the car, how about just removing the driver from the car? Pennsylvania v. Mimms grants officers the ability to order the driver out of the car. If there’s more than one person in the car, Maryland v. Wilson allows us to remove them as well. These are good cases to keep fresh in your mind when you encounter an argumentative driver. Tenne...

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The Court of Appeals held that the automobile stop in this case was unlawful and clarified the law of New York as it is presently understood by all four Appellate Division departments, holding that the Appellate Courts are unanimous in employing the elevated probable cause standard set forth in People v. Robinson, 97 NY2d 341 (2001), required for an officer to validly stop a vehicle for a Vehicle and Traffic violation. Defendant was charged with firearms-related and drug-related offenses. Defendant filed a motion to suppress, arguing that the trooper who stopped his vehicle lacked reasonable suspicion to do so. County Court denied suppression of the physical evidence, and the Appellate Division affirmed. The Court of Appeals reversed and ordered that Defendant's motion to suppress be granted in its entirety, holding that the trooper in this case lacked probable cause to believe that Defendant had committed a traffic violation and identified no credible facts establishing reasonable cause to believe that Defendant had violated a law. Want to stay in the know about new opinions from the New York Court of Appeals? Sign up for free summaries delivered directly to your inbox. You already receive new opinion summaries from New York Court of Appeals. Did you know we offer summary newsletters for even more practice areas and jurisdictions? Explore them People v Hinshaw 2020 NY Slip Op 04816 Decided on September 1, 2020 Court of Appeals Wilson, J. Published by New York State Law Re...

Since the high-profile police killings of Philando Castile, Daunte Wright and Tyre Nichols, all of which began as traffic stops, calls for de-escalation by officers have been growing. A study analyzing footage in 577 stops of Black drivers found the first 45 words spoken by the officer could determine how that encounter ended. Amna Nawaz spoke with Tracey Meares to learn more. Read the Full Transcript • Amna Nawaz: A new study reveals just how crucial the first 30 seconds of a police encounter can be, in particular for black drivers. Since the high-profile police killings of Philando Castile, Daunte Wright, and Tyre Nichols, all of which began as traffic stops, calls for de-escalation by officers have been growing. The study in the Proceedings of the National Academy of Sciences analyzed body camera footage in 577 traffic stops of black drivers in one midsize American city over a month. It found that the first 45 words spoken by the police officer could determine how that encounter ended. To help us understand what this can mean for the future of policing, I'm joined by Tracey Meares, professor of law and founding director of the Justice Collaboratory at Yale Law School. She was also among those who reviewed this particular study. Tracey Meares, welcome back. Thanks for joining us. • Amna Nawaz: So, the study found that if the police officer began the encounter by issuing a command or not giving a reason for the stop, it was three times more likely that the interaction wou...