United States v. Timothy Andrew Smith, Stephen Lawrence Swindell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that pretextual arrest is valid as long as evidence shows that ‘ ‘a reasonable officer would have made the seizure in the absence of the illegitimate motivation”
• holding that pretextual arrest is valid as long as evidence shows that “a reasonable officer would have made the seizure in the absence of illegitimate motivation”
• discussing whether a reasonable officer would stop a car to investigate drunk driving based on the defendant’s driving
• taking the minority position that a stop is legal if a reasonable officer would have made it absent the allegedly improper motive
• stopping defendant for failure to change lane safely and reckless driving was pretextual where driver only deviated six inches from road and weaved slightly within a single lane of an interstate highway
• stopping defendant for failure to change lane safely and reckless driving was pretextual where driver only deviated six inches from road and weaved slightly within a single lane of an interstate highway

Source: CourtListener parenthetical corpus (CC0).