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Suppression results

 
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craesz
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Joined: 25 Jan 2007
Posts: 93

PostPosted: Thu May 31, 2007 1:21 pm    Post subject: Suppression results Reply with quote

May 25, 2007 -- had a hearing on a matter pending in this court regarding the basis for stopping my client's vehicle. The probably cause affidavit clearly shows no bad driving facts. In fact, the officer testified that she would not have issued a traffic citation to my client for his conduct. She testified the basis for his being stopped was his making the block or a circle.

The videotape quality is so poor that I initially thought my VCR was broken. Apparently, the tape from the officer's vehicle is just as bad as we watched it finally after all evidence was presented. The judge took the video home over the weekend and informed me May 29, 2007 that he would deny the motion to suppress but the issue would be preserved for appeal as it was close.

It appears to me (although I don't think the officer would admit it) that she was following my client not for anything he had done, but for some other reason (boredom, harassment, etc.). Given what the court sees on a routine basis, I really don't know how, after hearing her reason for the stop and viewing the tape, the suppression was not granted.
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