Posted on 03/06/2016 3:52:14 PM PST by Ken H
West Virginia Supreme Court of Appeals overturns a traffic stop made without any reasonable suspicion of wrongdoing.
Motorists who have done nothing wrong will no longer be pulled over by police in West Virginia. The state's highest court last week overturned the conviction of Matthew Feicht, who was pulled over even though he had committed no traffic violations. Although Feicht's case involves no new question of law, the unanimous decision caused state police officials to stop pulling over drivers randomly so that they could receive various gifts from a police "Santa Stop."
When Monongalia County Sheriff's Deputy Deputy Steven McRobie pulled Feicht over on March 15, 2013, he did not intend to give away any prizes. He was looking for a domestic violence suspect, and at 3am, Feicht happened to be the only person around. The suspect in question had already left the area on foot.
The question before the court was whether the traffic stop itself violated the Fourth Amendment protection against unreasonable searches and seizures. Had Feicht been sober, there would have been no case before the court. Unfortunately for Feicht, he had been drinking that night and was busted for driving under the influence of alcohol (DUI).
Prosecutors argued that the initial traffic stop was justified under the "community caretaking" doctrine, but Feicht's attorney countered that there was no evidence of any safety risk to anyone that night. The Supreme Court justices agreed with Feicht.
"The state offered no evidence regarding the domestic dispute, such as whether a weapon had been used in the dispute; whether law enforcement considered the suspect to be armed and dangerous; or whether the suspect posed a serious threat to either the community at large or the petitioner in particular, etc," the justices concluded.
"In other words, there is simply no evidence from the suppression hearing that would lead us to conclude that 'citizens [might have been] in peril' or that the petitioner himself might have been 'in need of some form of assistance' so as to justify the traffic stop under the community caretaker doctrine. Consequently, we are compelled to find that the suspicionless traffic stop of the petitioner's vehicle was invalid and that all evidence flowing from the stop should have been suppressed and the charges dismissed."
What is the world is a Santa Stop?
That’s where the police pull you over and give you a gift for obeying the traffic laws.
Being pulled over is unnerving, even if you know you’ve done nothing wrong you’re potentially on the wrong end of a gun. The “Santa stop” was probably not very popular.
“Santa Stops” are a horrible idea. What if you are in a hurry? What if you would rather be home surfing FR? Not everyone has all the time in the world just waiting for other people to fill it up. I am opposed to those fire department fundraising stops for the same reason - there is total disregard for the fact that some people are adversely affected by a traffic jam they did not plan for.
Good.
I am also opposed to those seatbelt and DUI roadblocks where a huge amount of police overtime is paid and many people inconvenienced in order to catch one violator who was not driving in a manner that would attract attention.
Your papers please........
As regards seat belts, we as a society, using LE as our agents, are under no moral obligation to protect morons from themselves.
You don’t want to wear a seat belt? That’s your decision. Minors are another matter.
“...give you a gift for obeying the traffic laws.”
“Well thank you occifer!! When you are drunk as I am you HAVE to be careful!”
Isn’t this a thinly masked excuse to randomly pull over a person who broke no law and is under suspicion of breaking no law; for closer scrutiny in case some law may have been found to have been broken?
le gets around that real easy..."we are looking for a vehicle similiar to the one you are driving".....
They set one up right by our house all the time, what a pain, they have large lights and loud generators. If we’re coming home we have to stop at it or take a 3 mile detour.
The last time they had one our kids and grandkids were coming over so we warned everyone but one granddaughter didn’t get the message. She had to stop and refused to give them her “papers” and said she was going to her grandparents and what they were doing was ridiculous and they let her go.
They have apologized to us before but it is an absolutely perfect place to trap people because there are no turn-offs for a mile either way and the traffic from the south can’t see the lights until they are right on it.
Santa stops, while heartwarming, are stupid and a waste of taxpayer dollars.
So should the police randomly search your home to make certain those minors are not endangered by anything nor lacking anything the society or government decrees proper?
Santa stops are an abuse of power. The stops are not optional, and carry an implied threat of lethal force.
Ostensible a nice gesture by the cops to say thanks for being a good citizen. In reality, a reason/excuse for them to stop and check folks who have exhibited no signs of wrongdoing. As mentioned in the article - a violation of one's 4th Amendment rights.
bump.
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