In an informative decision regarding the expansion of traffic stops by law enforcement, the Iowa Supreme Court held that when law enforcement, after making a valid traffic stop supported by reasonable suspicion, determines that the underlying reason for the stop is no longer present, must terminate the stop. For example, when a law enforcement officer…
Iowa Supreme Court Holds Warrantless Search of a Backpack Unconstitutional
The Iowa Supreme Court recently handed down a decision regarding evidence obtained after a police officer searched a closed backpack. A police officer conducted a warrantless search of the defendant’s backpack. However, a third party, not the defendant, consented to the search of the defendant’s backpack. The defendant’s counsel moved to suppress the evidence found…
Supreme Court of the United States Takes up Another First Amendment Issue and the Newly Minted Government-Speech Doctrine; This Time with a State-Issued Specialty License Plate Proposal of the Confederate Battle Flag.
The Supreme Court of the United States recently heard arguments in Walker v. Texas Div., Sons of Confederate Veterans, Inc., on March 23, 2015. The State of Texas has a license plate scheme where private citizens or groups may submit designs for specialized state-issued license plates that, upon approval by the Texas Department of Motor Vehicles…
Iowa Supreme Court Rules Automated Traffic Enforcement Cameras Constitutional
Defendant, Michael Jacobsma, in this case challenged a citation that was issued to him for a speeding violation under an automated traffic enforcement ordinance enacted by the City of Sioux City. Jacobsma challenged the ordinance, among other things, on constitutional grounds; more specifically that it violated due process, specifically substantive due process. Jacobsma’s main argument…