Latest Case: State v. Tenold (Civil Rights)

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

RODGER CITRON

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

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State v. Tenold

Citation: 2019 S.D. 66

Opinion Date: December 18, 2019

Judge: Devaney

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the denial of Defendant's motion to suppress evidence seized from his hotel room pursuant to a search warrant, holding that the officer who previously detained Defendant's vehicle and gathered information eventually contained in the search warrant affidavit did not have reasonable suspicion or probable cause to stop Defendant's vehicle and that all evidence obtained after the stop must be suppressed under the exclusionary rule. Defendant was stopped because the officer observed a brake light emit a white light. A consent search of the vehicle did not produce evidence of unlawful drugs, but the officer later found a foil ball in the vehicle, which tested positive for methamphetamine. Thereafter, police officers seized evidence from Defendant's hotel room pursuant to a search warrant. Defendant filed a motion to suppress, arguing that the officer did not have reasonable suspicion to stop his vehicle because it had two properly working brake lights. The circuit court denied the motion. The Supreme Court reversed, holding (1) the officer did not have reasonable suspicion or probable cause to stop Defendant's vehicle; and (2) once the information derived from the unlawful traffic stop was excluded from the search warrant affidavit, it lacked a substantial basis upon which probable cause could be found.