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Thread: Littering is not a violation, crime, PC or RAS justification for warrantless seizure.

  1. #1
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    Littering is not a violation, crime, PC or RAS justification for warrantless seizure.

    "The dispositive question before me in this case is whether an articulable suspicion or probable cause of violation of a forfeiture that is not a violation of a traffic regulation is sufficient justification for a warrantless seizure of a citizen," wrote District IV Judge Gary Sherman.

    He decided it is not, becaus littering is neither a crime nor a traffic violation, and the DIstrict IV Court of Appeals affirmed the suppression.

    http://www.wicourts.gov/ca/opinion/D...l&seqNo=123499

    http://www.jsonline.com/blogs/news/279016181.html

    "Qualls moved to suppress the evidence, arguing that the officer did not have probable cause to stop him because the officer was mistaken about the law regarding whether ash is litter under the municipal ordinance. The officer’s testimony supports probable cause to pull Qualls over for littering, and we affirm."

    http://www.wicourts.gov/ca/opinion/D...l&seqNo=123385
    Last edited by Nightmare; 10-13-2014 at 01:29 PM.
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    ROFL .. the court is correct though.

    But is speeding a crime in WS or is it a civil or administrative violation.

    The court in the opinion notes that cops can stop you for speeding ... but isn't he also saying that Terry can be overturned just by state statue? That don't seem right. Most states have speeding as a civil offense (in CT it's civil but adjudicated by criminal procedures).

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    Quote Originally Posted by davidmcbeth View Post
    ROFL .. the court is correct though. But is speeding a crime in WS or is it a civil or administrative violation. The court in the opinion notes that cops can stop you for speeding ... but isn't he also saying that Terry can be overturned just by state statue? That don't seem right. Most states have speeding as a civil offense (in CT it's civil but adjudicated by criminal procedures).
    In Wisconsin, criminal statute chapters are numbered 900 and above. Speeding is covered in Chapter 346 Rules of the road. There is a separate Chapter 345 Vehicles -- Civil and criminal liability, that contains among other things, 345.22 Authority to arrest without a warrant, and 345.23 Officer's action after arrest without a warrant (May release; Shall release; ... bring ... before a judge; ... specify a return date) Table of Contents.https://docs.legis.wisconsin.gov/statutes/prefaces/toc
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    Quote Originally Posted by Nightmare View Post
    In Wisconsin, criminal statute chapters are numbered 900 and above. Speeding is covered in Chapter 346 Rules of the road. There is a separate Chapter 345 Vehicles -- Civil and criminal liability, that contains among other things, 345.22 Authority to arrest without a warrant, and 345.23 Officer's action after arrest without a warrant (May release; Shall release; ... bring ... before a judge; ... specify a return date) Table of Contents.https://docs.legis.wisconsin.gov/statutes/prefaces/toc
    Yes, I did note in the opinion that the legislature wrote the authority to arrest w/o a warrant ... but can a state legislature over-ride Terry v. Ohio ie 4th amendment?

    I don't think so.

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