Sep 212015
 September 21, 2015  Posted by  Court, Surveillance, U.S. reports on a case that has more to do with the Fourth Amendment than with speeding tickets:

A federal judge on Wednesday told Mark Eugene Fuehrer that he would stand trial after being pulled over for driving an alleged one mile per hour over the speed limit. The stop itself was planned in advance. The Dubuque County, Iowa Sheriff’s Office suspected Fuehrer was involved in dealing drugs, so deputies had been tailing his GMC Jimmie. On January 11, 2015, Deputy Sheriff Adam Williams set up a radar trap on Highway 151, after being told that Fuehrer would soon pass.

Deputy Williams insists his radar clocked the GMC at 66 MPH in the 65 MPH zone, so he decided to stop Fuehrer. Just two minutes into the traffic stop, a drug dog was on the scene to sniff the car. It immediately alerted. A federal magistrate judge was asked to decide whether an alleged 1 MPH speeding violation provided probable cause for the traffic stop, particularly since the alleged violation was a pretext.

Read more on while I wait patiently to see if Orin Kerr blogs about this case.

Thanks to Joe Cadillic for the link.

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