green
Positive treatment
Quoted verbatim 1×
11.7 score
“as we apply an objective standard of reasonableness to this determination, our conclusion is not changed by testimony that he had no subjective fear that either cum-mins or akins were armed.”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 48 distinct citers.
How cited ↗
discussed
Cited "but see"
State v. Lopez
But see United States v. Trigg, 925 F.2d 1064, 1065 (7th Cir.) (rejecting pretext doctrine), cert. denied sub nom., Cummins v. United States, - U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 -49 (1991); United States v. Cummins, 920 F.2d 498, 500 (8th Cir.1990) (same), cert. denied, - U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 -49 (1991). .
discussed
Cited as authority (quoted)
United States v. Arnaldo Baker
as we apply an objective standard of reasonableness to this determination, our conclusion is not changed by testimony that he had no subjective fear that either cum-mins or akins were armed.
cited
Cited as authority (rule)
Torrey v. City of Tukwila
Ed. 2d 448 , 112 S. Ct. 428, 429 (1991) (mem.) (White, J., dissenting)).
discussed
Cited "see"
United States v. Arthur Lee Burns, Jr.
See United States v. Wright, 932 F.2d 868, 880 (10th Cir.1991) (standard of review), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 and 502 U.S. 972 , 112 S.Ct. 450 , 116 L.Ed.2d 467 (1991); see also Delaware v. Van Arsdall, 475 U.S. 673, 681-84 , 106 S.Ct. 1431 , 89 L.Ed.2d 674 (1986) (applying harmless error analysis to violation of confrontation clause).
discussed
Cited "see"
United States v. Kirkpatrick
See Barahona, 990 F.2d at 416 (“It is well established that a traffic violation — however minor — creates probable cause to stop the driver of a vehicle.”) (citing United States v. Cummins, 920 F.2d 498, 500 (8th Cir.1990), cert, denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991)).
discussed
Cited "see"
United States v. Muyet
“As a general matter, the decision to stop an automobile is reasonable where the police have probable cause to believe that a traffic violation has occurred.” Whren , — U.S. at- 116 S.Ct. at 1772 (citing Prouse, 440 U.S. at 659 , 99 S.Ct. at 1399 ; Pennsylvania v. Mimms, 434 U.S. 106, 109 , 98 S.Ct. 330, 332-33 , 54 L.Ed.2d 331 (1977) (per curiam)); see Scopo, 19 F.3d at 782 (“When an officer observes a traffic offense — however minor— he has probable cause to stop the driver of the vehicle.” (quoting United States v. Cum *306 mins, 920 F.2d 498, 500 (8th Cir.1990), cert. denied,…
discussed
Cited "see"
United States v. Roberts
See United States v. Trigg, 878 F.2d 1037, 1043 (7th Cir.1989) (“Law enforcement authorities who stockpile arrest warrants for traffic offenses or nonpayment of library fines in order to have a ‘ready-reserve’ when arrest (or harassment) of a particular citizen is desired deserve no protection in the name of judicial restraint.”), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991); Taglavore v. United States, 291 F.2d at 266 (“Were the use of misdemeanor arrest warrants as a pretext for searching people suspected of felonies to be permitted, a mockery could be …
discussed
Cited "see"
United States v. Clarke
See United States v. Trigg, 878 F.2d 1037, 1043 (7th Cir.1989) (“Law enforcement authorities who stockpile arrest warrants for traffic offenses or nonpayment of library fines in order to have a ‘ready-reserve’ when arrest (or harassment) of a particular citizen is desired deserve no protection in the name of judicial restraint.”), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); Taglavore v. United States, 291 F.2d at 266 (“Were the use of misdemeanor arrest warrants as a pretext for searching people suspected of felonies to be permitted, a mockery could be made o…
discussed
Cited "see"
United States v. Christopher G. White
See United States v. Cummins, 920 F.2d 498, 502 (8th Cir.1990), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991) (detention during lawful traffic stop must be reasonably related in scope to the circumstances which justified the interference in the first place).
discussed
Cited "see"
United States v. Pipes
(2×)
See United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991); see also United States v. Causey, 834 F.2d 1179, 1184 (5th Cir.1987) (en banc); United States v. Trigg, 878 F.2d 1037, 1041 (7th Cir.1989), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991); United States v. Hassan El, 5 F.3d 726, 730 (4th Cir.1993); United States v. Mitchell, 951 F.2d 1291, 1295 (D.C.Cir.1991); United States v. Hawkins, 811 F.2d 210, 213 (3d Cir.1987), cert. denied, 484 U.S. 833 , 108 S.Ct. 110 , 98 L.Ed.2d 69 (1987…
discussed
Cited "see"
United States v. Menard
The court concludes that the reasons articulated by Officer Hawley are sufficient to provide a reasonable suspicion justifying an investigative stop of the car driven by Lisa Jensen. “ “Whether the particular facts known to the officer amount to an objective and particularized basis for a reasonable suspicion of criminal activity is determined in light of the totality of the circumstances.’ ” United States v. Halls, 40 F.3d 275, 276 (8th Cir.1994) (quoting United States v. Garcia, 23 F.3d 1331, 1334 (8th Cir.1994)); see United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990), cert. …
discussed
Cited "see"
State v. Ramirez
(2×)
See United States v. Cummins, 920 F.2d 498, 500 (8th Cir.1990), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991); SDCL 23-1A-7.
cited
Cited "see"
United States v. Rosa Torres-Morales, AKA Alma Rosa Alcarez, United States of America v. Norma Leticia Villegas-Rojas
See United States v. Wright, 932 F.2d 868, 878 (10th Cir.), cert. denied, 112 S.Ct. 428 (1991).
discussed
Cited "see"
United States v. Daniel William Halls
Discussion A. Fourth Amendment Claim The reasons articulated by the Missouri trooper were insufficient to provide a reasonable suspicion justifying an investigative stop. ‘Whether the particular facts known to the officer amount to an objective and particularized basis for a reasonable suspicion of criminal activity is determined in light of the totality of the circumstances.” United States v. Garcia, 23 F.3d 1331, 1334 (8th Cir.1994); see United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990) (noting standard of objective reasonableness required for stop), cert. denied, — U.S. -, 11…
discussed
Cited "see"
United States v. Salvador Ramos, United States of America v. Servando Ramos
(2×)
See United States v. Cummins, 920 F.2d 498, 502 (8th Cir.1990), cert. denied, --- U.S. ----, 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991). 11 Trooper Abernathy stopped the truck after he observed Servando not wearing his seat belt.
cited
Cited "see"
United States v. Richard L. Wittman
See United States v. Cummins, 920 F.2d 498, 500 (8th Cir. 1990) (officer who observes traffic offense, however minor, has probable cause to stop driver), cert. denied, 112 S. Ct. 428 (1991).
discussed
Cited "see"
William C. Kelly, III v. United States
See United States v. Wright, 932 F.2d 868, 882 (10th Cir.), cert. denied, — U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); United States v. Olson, 716 F.2d 850, 852-53 (11th Cir.1983) (failure to comply with § 851 “restricts the court’s authority to impose enhanced sen *1113 tences”); Government’s Br. at 6 (“Section 851 is of jurisdictional, not constitutional consequence.”).
discussed
Cited "see"
United States v. Linda Gail Finney
See United States v. Wright, 932 F.2d 868, 881 (10th Cir.), cert. denied, 112 S.Ct. 428 , 450 (1991); United States v. Miles, 772 F.2d 613, 615 (10th Cir.1985). 16 The district court granted a motion for judgment of acquittal on Count XIV, which charged an 18 U.S.C. 924(c)(1) violation for use of a firearm in connection with a drug trafficking crime based upon .38 caliber handgun buried in the ground (in a shed) some one-hundred feet away from the residence.
cited
Cited "see"
United States v. Anthony Joe Chavez
See U.S. v. Wright, 932 F.2d 868, 881 (10th Cir.), cert. denied, 112 S.Ct. 428 (1991).
discussed
Cited "see"
State v. Scurry
See United States v. Trigg, 878 F.2d 1037, 1039 (7th Cir.1989) aff'd, 925 F.2d 1064 (7th Cir.), cert. denied, — U.S.-, 112 S.Ct. 428 , 116 L.Ed.2d 449 (1991); Richardson, 288 Ark. at 410-11 , 706 S.W.2d at 365 .
discussed
Cited "see"
United States v. Parke
See United States v. Trigg, 925 F.2d 1064,1065 (7th Cir.) (it is enough that officer had probable cause to arrest and lawfully effected arrest), cert. denied, — U.S.-, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
cited
Cited "see"
United States v. George Stapleton, Jr.
See United States v. Cummins, 920 F.2d 498, 500-01 (8th Cir.1990), cert. denied, — U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991).
examined
Cited "see"
United States v. Cecil Ferguson
(6×)
also: Cited "see, e.g."
See United States v. Trigg, 925 F.2d 1064, 1065 (7th Cir.) (it is enough that officer had probable cause to arrest and lawfully effectuated the arrest), cert. denied, — U.S. —, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
cited
Cited "see"
United States v. Michael Kalter
See United States v. Cummins, 920 F.2d 498, 500 (8th Cir.1990), cert. denied, — U.S. —, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
discussed
Cited "see"
United States v. James Hassan El
(2×)
See United States v. Cummins, 920 F.2d 498, 500-01 (8th Cir.1990), cert. denied, — U.S. —, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); United States v. Mitchell, 951 F.2d 1291 (D.C.Cir.1991), ce rt. denied; — U.S. —, 112 S.Ct. 1976 , 118 L.Ed.2d 576 (1992); accord United States v. Trigg, 878 F.2d 1037, 1039 (7th Cir.1989), appeal after remand, 925 F.2d 1064 (7th Cir.), cert. denied, — U.S. —, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991) (examining claim of pretextual arrest); United States v. Causey, 834 F.2d 1179, 1182 (5th Cir.1987) (en banc) (considering pretextual arrest); United States …
discussed
Cited "see"
United States v. Mateen Yusuf Shabazz, A/K/A Edward L. Eberhart, A/K/A Edward Wallace, and Keith Lamar Parker
See United States v. Cummins, 920 F.2d 498, 500-01 (8th Cir.1990), cert. denied, - U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 449 (1991); United States v. Trigg, 878 F.2d 1037, 1041 (7th Cir.1989), cert. denied, - U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 449 (1991); United States v. Hawkins, 811 F.2d 210, 212-15 (3d Cir.), cert. denied, 484 U.S. 833 , 108 S.Ct. 110 , 98 L.Ed.2d 69 (1987); see also United States v. Rusher, 966 F.2d 868, 885-89 (4th Cir.), cert. denied, - U.S. -, 113 S.Ct. 351 , 121 L.Ed.2d 266 (1992) (Luttig, J., concurring in part); cf. United States v. French, 974 F.2d 687 , 692 n. 4 (6t…
discussed
Cited "see"
United States v. Clark
See, United States v. Cummins, 920 F.2d 498 (8th Cir.1990), cert. denied, — U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 449 (1991); United States v. Trigg, 878 F.2d 1037 (7th Cir.1989), cert. denied, — U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
discussed
Cited "see"
U.S. v. Shabazz
See United States v. Cummins, 920 F.2d 498, 500-01 (8th Cir. 1990), cert. denied, 112 S.Ct. 428 (1991); United States v. Trigg, 878 F.2d 1037, 1041 (7th Cir. 1989), cert. denied, 112 S.Ct. 428 (1991); United States v. Hawkins, 811 F.2d 210, 212-15 (3d Cir.), cert. denied, 108 S.Ct. 110 (1987); see also United States v. Rusher, 966 F.2d 868, 885-89 (4th Cir.), cert. denied, 113 S.Ct. 351 (1992) (Luttig, J., concurring in part); cf. United States v. French, 974 F.2d 687 , 692 n.4 (6th Cir. 1992), cert. denied, 113 S.Ct. 1012 (1993).
discussed
Cited "see"
United States v. Norman M. Hardy, United States of America v. Patrick Eppes, Jr.
See United States v. Mitchell, 951 F.2d at 1295 (" 'otherwise valid stop does not become unreasonable merely because the officer has intuitive suspicions that the occupants of the car are engaged in some sort of criminal activity' ") (quoting United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990), cert. denied, 112 S.Ct. 428 (1991)).
discussed
Cited "see"
United States v. Roland Eugene Butler
See United States v. Thomas, 932 F.2d 1085 (5th Cir.), cert. denied, — U.S. -, 112 S.Ct. 264 , 116 L.Ed.2d 217 , and cert. denied, — U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 447 (1991), and cert. denied, — U.S. -, 112 S.Ct. 887 , 116 L.Ed.2d 791 (1992).
discussed
Cited "see"
U.S. v. Butler
See United States v. Thomas, 932 F.2d 1085 (5th Cir.), cert. denied, 112 S. Ct. 264 , and cert. denied, 112 S. Ct. 428 (1991), and cert. denied, 112 S. Ct. 887 (1992) In Thomas, the defendant challenged his conviction for possession of cocaine base on grounds that the term "cocaine base" was unconstitutionally vague.
discussed
Cited "see"
Thanner v. State
See Petitions for Writ of Certiorari, — U.S.-,-, 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991), Cummins v. United States, No. 90-1628; Trigg v. United States, No. 91-5013; Enriquez-Nevarez v. United States, No. 91-5087.
cited
Cited "see"
United States v. Phillip A. Wight
See United States v. Wright, 932 F.2d 868, 881 (10th Cir.), cert. denied, - U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
cited
Cited "see"
United States v. Wight
See United States v. Wright, 932 F.2d 868 , 881 ___ ________________________ (10th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 428 (1991). ____________ Affirmed.
discussed
Cited "see"
United States v. David Lee Rusher, United States of America v. Sarah Jean Shoemaker Rusher, A/K/A Sarah Anne Rusher, United States of America v. James Joseph Flannery, A/K/A James Joseph Fleming, A/K/A Richard J. Mutschler
(2×)
Other circuits hold, to the contrary, that an investigative stop is justified at its inception if the officer was legally entitled to make the stop; "so long as the police are doing no more than they are legally permitted and objectively authorized to do, an arrest is constitutional." United States v. Trigg, 878 F.2d 1037, 1041 (7th Cir.1989), cert. denied, --- U.S. ----, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); accord United States v. Cummins, 920 F.2d 498, 500-01 (8th Cir.1990), cert. denied, --- U.S. ----, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); United States v. Causey, 834 F.2d 1179, 1184-8…
discussed
Cited "see"
United States v. Rusher
(2×)
Other circuits hold, to the contrary, that an investigative stop is justified at its inception if the officer was legally entitled to make the stop; “so long as the police are doing no more than they are legally permitted and objectively authorized to do, an arrest is constitutional.” United States v. Trigg, 878 F.2d 1037, 1041 (7th Cir,1989), cert. denied, - U.S.-, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); accord United States v. Cummins, 920 F.2d 498, 500-01 (8th Cir.1990), cert. denied, - U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); United States v. Causey, 834 F.2d 1179, 1184-85 (5th …
discussed
Cited "see"
Minnick v. United States
The Seventh Circuit, for example, has held in United States v. Trigg, 878 F.2d 1037 (7th Cir.1989), that “so long as the police are doing no more than they are legally permitted and objectively authorized to do, an arrest [or stop] is constitutional.” Id. at 1041 (citation omitted); accord, United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990) (citing Trigg), cert. denied, — U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991); United States v. Causey, 834 F.2d 1179, 1184 (5th Cir.1987); United States v. Hawkins, 811 F.2d 210, 213-215 (3d Cir.), cert. denied, 484 U.S. 833 , 108 S.Ct…
discussed
Cited "see"
United States v. Thomas
(2×)
See Cummins v. United States, U.S. , 112 S.Ct. 428, 429 , 116 L.Ed.2d 448 (1991) (White, J., dissenting from the denial of writs of certiorari), denying cert. to 920 F.2d 498 (8th Cir. 1991), and denying cert. to United States v. Trigg, 925 F.2d 1064 (7th Cir.1991), and denying cert. to Enriquez-Nevarez v. United States, 931 F.2d 890 (5th Cir.1991) (summary affirmance).
discussed
Cited "see, e.g."
United States v. Goins
Aug. 30, 2007) (citation omitted); see also Scopo, 19 F.3d at 782 (“ When an officer observes a traffic offense — however minor — he has probable cause to stop the driver of the vehicle.’ ”) (quoting United States v. Cummins, 920 F.2d 498, 500 (8th Cir.1990), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1992)).
discussed
Cited "see, e.g."
United States v. Donald H. Jones
The principles of Terry provide that once Trooper DeWitt lawfully stopped Jones he was entitled to conduct an investigation “reasonably related in scope to the circumstances which justified the interference in the first place.” Terry, 392 U.S. at 20 , 88 S.Ct. 1868 ; see also United States v. Cummins, 920 F.2d 498, 502 (8th Cir.1990), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
discussed
Cited "see, e.g."
United States v. Jessie Ailsworth, Jr.
Compare Kotteakos, 328 U.S. at 753, 766-71 , 66 S.Ct. at 1242, 1248-51 , with Berger, 295 U.S. at 79-84 , 55 S.Ct. at 629-31 , and United States v. Wright, 932 F.2d 868, 874-75 (10th Cir.) (holding harmless a variance occurring when government’s evidence at trial proved existence of two conspiracies rather than one broad conspiracy charged in the indictment), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
cited
Cited "see, e.g."
United States v. Maude C. Clarke, Also Known as Tina Clarke, Also Known as Angela
See, e.g., United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991).
discussed
Cited "see, e.g."
Taylor v. State
(2×)
See, e.g., United States v. Cummins, 920 F.2d 498 (8th Cir.1990), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991).
discussed
Cited "see, e.g."
United States v. Luis Santiago Ramirez
(2×)
Id. at 423 , 96 S.Ct. at 827-28 ; see also United States v. Wright, 932 F.2d 868, 877 (10th Cir.) ("Law enforcement personnel may arrest a person without a warrant if there is probable cause to believe that person committed a crime."), cert. denied, 502 U.S. 962 , 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); United States v. Maez, 872 F.2d 1444 , 1449 n. 7 (10th Cir.1989) (a warrantless arrest in public with probable cause does not violate the Fourth Amendment, even though exigent circumstances do not exist). 65 Here in his order denying the motion to suppress, the district judge cited Watson and f…
discussed
Cited "see, e.g."
United States v. Scopo
See, e.g., United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990), cert. denied, — U.S. -, 112 S.Ct. 428 , 116 L.Ed.2d 449 (1991); United States v. Hope, 906 F.2d 254, 258 (7th Cir.1990), cert. denied, — U.S. -, 111 S.Ct. 1640 , 113 L.Ed.2d 735 (1991); Guzman, 864 F.2d at 1515 ; United States v. Causey, 834 F.2d 1179, 1182 (5th Cir.1987) (en banc); United States v. Miller, 821 F.2d 546, 549 (11th Cir.1987) (applying United States v. Smith, 799 F.2d 704, 709 (11th Cir.1986)).
discussed
Cited "see, e.g."
United States v. Ruben Perea
See, e.g., United States v. Wright, 932 F.2d 868, 878 (10th Cir.), cert. denied, — U.S. —, 112 S.Ct. 428 , 116 L.Ed.2d 448 (1991); United States v. Thompson, 906 F.2d 1292, 1298 (8th Cir.), cert. denied, 498 U.S. 989 , 111 S.Ct. 530 , 112 L.Ed.2d 540 (1990); United States v. Hernandez, 901 F.2d 1217, 1220 (5th Cir. 1990).
discussed
Cited "see, e.g."
United States v. Carlos Garcia
See, e.g., United States v. Thomas, 932 F.2d 1085, 1088 (5th Cir.), cert. denied, — U.S. —, 112 S.Ct. 264 , 116 L.Ed.2d 217 (1991), and cert. denied, — U.S. —, 112 S.Ct. 428 , 116 L.Ed.2d 447 (1991), and cert. denied, — U.S. —, 112 S.Ct. 887 , 116 L.Ed.2d 791 (1992).
discussed
Cited "see, e.g."
United States v. Wilson Mitchell, United States of America v. Ricky Zollicoffer
We have noted that “[e]ven a relatively minor offense that would not of itself lead to an arrest can provide a basis for a stop for questioning and inspection of the driver’s permit and registration.” Id. at 880 ; see also United States v. Cummins, 920 F.2d 498, 501 (8th Cir.1990) (“otherwise valid stop does not become unreasonable merely because the officer has intuitive suspicions that the occupants of the car are engaged in some sort of criminal activity”), cert. denied, — U.S. ——, 112 S.Ct. 428 , 116 L.Ed.2d 448 , 449 (1991).
Retrieving the full opinion text from the archive…
Cummins
v.
United States Trigg v. United States Enriquez-Nevarez v. United States
v.
United States Trigg v. United States Enriquez-Nevarez v. United States
No. 90-1628; No. 91-5013; No. 91-5087.
Supreme Court of the United States.
Nov 12, 1991.
Lead Opinion
C. A. 8th Cir.;
C. A. 7th Cir.; and
C. A. 5th Cir. Certiorari denied. Reported below: No. 90-1628, 920 F. 2d 498; No. 91-5013, 925 F. 2d 1064; No. 91-5087, 931 F. 2d 890.
Dissent
Justice White,
dissenting.
In each of these eases, the petitioner has alleged that police used a traffic stop as a pretext for conducting a narcotics search. Gregory Cummins was stopped after he failed to proceed through an intersection when the traffic light turned green. 920 F. 2d 498 (CA8 1990). William Trigg was arrested for driving with a suspended license. 925 F. 2d 1064 (CA7 1991) (case below); United States v. Trigg, 878 F. 2d 1037 (CA7 1989). Mario Enriquez-Nevarez was pulled over after officers observed that his truck had a broken taillight. 931 F. 2d 890 (CA5 1991) (affirmance order). Each search led to the recovery of illegal drugs.
The Courts of Appeals for the Eighth, Seventh, and Fifth Circuits held that, because a reasonable police officer could have made the traffic stops, the evidence produced by the searches was admissible. See also United States v. Causey, 834 F. 2d 1179 (CA5 1987) (en banc). Cf. United States v. Nersesian, 824 F. 2d 1294 (CA2), cert. denied, 484 U. S. 958 (1987); United States v. Hawkins, 811 F. 2d 210 (CA3), cert. denied, 484 U. S. 833 (1987). The petitioners contend that the evidence should have been suppressed because no reasonable police officer would have made such traffic stops, and hence the-''Stops were pretexts to investí-[*963] gate other crimes for which there were not grounds to stop. See United States v. Guzman, 864 F. 2d 1512 (CA10 1988); United States v. Smith, 799 F. 2d 704 (CA11 1986).
In recent months, this Court has denied review of at least two other cases raising pretextual search claims. See, e. g., Anderson v. Illinois, ante, p. 824; Hope v. United States, 499 U. S. 983 (1991). I would grant certiorari to address this recurring issue and to resolve the split in the Courts of Appeals.