What was the original cause for the stop, DWB or DWM.
In my opinion, the stop made by the officer is one of the things the founders did not want to happen to the citizens of this nation.
While the Fourth Amendment is not destroyed, it sure has a lot more holes in it as a result of this ruling. Your papers please.
Originally Posted by The2Dogs
Here's the synopsis from the case:
"Narcotics detective Douglas Fackrell conducted surveillance on a South Salt Lake City residence based on an anonymous tip about ....... activity. The number of people he observed making brief visits to the house over the course of a week made him suspicious that the occupants were dealing .......... After observing respondent Edward Strieff leave the residence, Officer Fackrell detained Strieff at a nearby parking lot, identifying himself and asking Strieff what he was doing at the house."
FYI: Texas
"Art. 14.03. AUTHORITY OF PEACE OFFICERS. (a) Any peace officer may arrest, without warrant:
(1)
persons found in suspicious places and under circumstances which reasonably show that such persons have been guilty of some felony, violation of Title 9, Chapter 42, Penal Code, breach of the peace, or offense under Section 49.02, Penal Code, or threaten, or are about to commit some offense against the laws;..."
.. might not have been such an intellectual struggle in Texas ...
I suspect the "founders" didn't want criminals running around avoiding arrest warrants either. All I have to say on the subject is if one has "outstanding warrants" one should "take care of them" before moving about the country!
I put that in the category of making sure your vehicle equipment is in working condition, before leaving the driveway, PARTICULARLY if one KNOWS one has outstanding warrants ... and if you just must leave ... .obey ALL TRAFFIC LAWS.