DWB arrests

[Mike Arman]

Interesting item in one of the legal papers my wife gets:

Officer stopped three young black males driving a late model car. When
asked by the court for the reason for the stop, the officer replied (with
surprising candor - their emphasis!) that he felt given the circumstances,
i.e., three young black males driving around in a nice, late model car, the
car was probably stolen, hence he made the traffic stop.

Classic DWB stop.

As it turned out, the car did belong to the driver, and there was no other
violation - everything was legal.

Florida Supreme Court threw it out on the basis of insufficent cause. They
held that the situation itself (which resulted in the stop) was not
indicative of any crime, and no, guys, you can't stop people because of
that. They have to DO something, not BE something.

As the word on this decision trickles down to some of the more
"enthusiastic" LEOs (legal-speak for Law Enforcement Officers), we may see
a decrease in this type of traffic stop.

If you know anyone who has been stopped on a DWB in states other than
Florida, this might be a useful precedent.


Best Regards,

Mike Arman