MENU

Heavy tinting and jostling in the car do not by themselves justify a search

Dec 13, 2012 Heavy tinting and jostling in the car do not by themselves justify a search

Praised be the D.C. Court of Appeals for reversing a drug felony conviction, by invalidating a car search — based on the officer’s claim of reasonable articulable suspicion that one or both occupants were armed and dangerous — arising from a stop for dark tint on the defendant’s car, the switching of seating positions by the driver and passenger after the stop for dark tinting (with the new driver’s seat occupant explaining the switch based on the other occupant’s not having a valid license), and much jostling in the vehicle to the point that the van was shaking. Jackson v. U.S., ___ A.3d ___ (D.C., Dec. 13, 2012).

This was  2-1 decision, and may very well be taken up en banc.

PREVIOUS
NEXT
No Comments

Post A Comment