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URL: http://www.mapinc.org/drugnews/v16/n580/a05.html
Newshawk: http://www.drugsense.org/donate.htm
Votes: 0
Pubdate: Wed, 24 Aug 2016
Source: Northwest Arkansas Democrat Gazette (Fayetteville, AR)
Copyright: 2016 Northwest Arkansas Newspapers LLC.
Contact: http://www.nwaonline.com/submit/letter/
Website: http://www.nwaonline.com/
Details: http://www.mapinc.org/media/828


WICHITA, Kan.  – Law enforcement officials in Kansas cannot stop and search motorists just for having out-of-state license plates from states that have legalized marijuana, a federal appeals court ruled Tuesday.

The 10th Circuit Court of Appeals reinstated a lawsuit filed by a Colorado motorist, Peter Vasquez, against two Kansas Highway Patrol officers who pulled him over and searched his vehicle as he was driving alone at night through Kansas on his way to Maryland.

The officers, Richard Jimerson and Dax Lewis, stopped Vasquez when they could not read the temporary tag taped to the inside of the car’s tinted rear window.  The officers contended they were justified in searching the vehicle because Vasquez was a resident of Colorado driving on I-70, a “known drug corridor,” in a recently purchased, older-model car.  They said he also seemed nervous.

A divided panel found the officers violated Vasquez’s Fourth Amendment rights in searching his car without his consent.  Nothing illegal was found.  The court ruled that the officers’ reasoning would justify the search and seizure of residents of half of the states in the country, the court said. 

MAP posted-by: Jay Bergstrom