|
|||||||
|
|
|
|||||
|
|
|||||||
The Right to travel is constitutionally protected.
Zobel vs. Williams, 457 US 55 (1981)
Detention must be based on specific, articulable facts and rational
inference. "Unparticularized suspicion" and "inarticulate hunches"
alone are not good enough. A valid "investigative stop" must be based
on "reasonable articulable suspicion"(RAS)
US vs. Briggman, 931 F2d 705 (1991)
US vs. Strickland, 902 F2d 937 (1990)
US vs. Stranhan, 984 F2d 155 (1993)
Pretextual traffic stops are a violation of the 4th Amendment.
US vs. Eldridge, 984 F2d 943 (1993)
Officer's questions must relate to purpose of stop,
or detention of driver is unreasonable.
US vs. Barahona, 990 F2d(1993)
I may refuse to provide the police with ID or information.
US vs. Brown, 731 F2d 1491 (1984)
Moya vs. US, 761 F2d 322 (1985)
Brown vs. Texas, 443 F2d 47 (1993)
The right to privacy includes "individual interest
in avoiding disclosure of personal matters.
Walden vs. Roe, 429 F2d 589 (1977)
I may not be arrested solely to ascertain my identity.
Arrington vs. McDonald, 808 F2d 466 (1986)
My refusing consent of a search is not basis for RAS,
no PC to search or impound my vehicle.
US vs. Manuel, 992 F2d 272 (1993)
US vs. Alexander, 835 F2d 1406 (1993)
Unless my answers provide PC, I'm free to go.
Once my documentation is returned, I'm free to go.
Parker vs. Strong, 717 F. Supp. 767 (1989)
US vs. Soto, 988 F2d 1548 (1993)
I do not have to be suspected or accused of criminal
behavior to enjoy my 4th Amendment protections.
US vs. Erickson, 991 F2d 529 (1993)
Cassady vs. Tackett, 938 F2d 693 (1990)
Even if my vehicle was stopped legitimately, the
police my not search it without probable cause.
US vs. Wanless, 882 F2d 1459 (1989)
A terry frisk may only pat for weapons, not reach in
pockets. Officers must first believe a threat is poised.
US vs. Santillanes, 848 F2d 1103 (1988)
US vs. Wanless, 882 F2d 1459 (1989)
Government must prove alleged consent to search, and
that consent was given freely and voluntarily.
US vs. Villareal, 963 F2d 770 (1992)
US vs. Dickerson, 975 F2d 1245 (19920)
US vs. Tillman, 963 F2d 137 (1992)
Waivers of rights must be done knowingly and voluntarily.
White vs. White, 925 F2d 287 (1990)
Arresting me gives no PC to arrest others.
US vs. Prieto-Billa, 910 F2d 601 (1990)
Mere presence/association with possessor of contraband
is insufficient to establish possession on my part.
US vs. Garicia, 983 F2d 1160 (1993)
It is not a crime simply to travel with, even
knowingly, someone who is carrying drugs.
US vs. Teffera, 985 F2d 1082 (1993)
Association with criminals by proximity, conversation,
or companionship is insufficient to support PC to arrest.
US vs. Munoz, 738 F. Supp. 800 (1990)
Arrest may not be used as a pretext for a search.
Laing vs. US, 891 F2d 683 (1989)
Arrest must be both custodial and lawful
to support a "search incident to arrest."
US vs. Mota, 982 F2d 1384 (1993)
A "search incident to arrest" is limited to area within my
immediate control (i.e. not entire car if cuffed at rear).
US vs. Vasey, 834 F2d 782 (1987)
US vs. Hernandez, 901 F2d 1217 (1990)
I may verbally challenge the officer's actions/ask for ID.
Gainor vs. Roverts, 973 F2d 1379 (1992)
If police falsely arrest me without PC,
they have no "qualified immunity."
Malley vs. Brings, 475 US 335 (1986)
Police supervisors are liable if they authorize or approve
unconstitutional conduct of offending officers.
White vs. Farrier, 849 F2d 322 (1988)
Ghandi vs. Detroit P.D., 747 F2d 338 (1984)
Stokes vs. Delcambre, 710 F2d 1120 (1983)
A federal officer who uses excessive force
acts in bad faith and may be resisted.
US vs. Span, 970 F2d 573 (1992)
Having a large amount of cash is not per se evidence
of drug related illegal activity for forfeiture purposes.
US vs. $31,990 in U.S. Currency, 982 F2d 851 (1993)
