To the People

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or TO THE PEOPLE.

Thursday, August 30, 2007

Judge Does His Job

Occasionally a judge somewhere reminds us all that yes, the 4th Amendment to the United States Constitution does still exist.
WAUSAU — A state appeals court Tuesday reversed the drug conviction of a man who dropped a bag of marijuana in front of a police officer, saying the officer didn't have enough reason to detain him.


Circuit Judge Dennis Mleziva had ruled the officer had a "reasonable suspicion" for stopping Konkol because he remembered seeing his name on an active warrant list, although he couldn't remember when or what for.

In overturning the conviction Tuesday, 3rd District Court of Appeals Judge Michael Hoover said police need more than a "mere hunch" to suspect someone of a crime. "Reasonable suspicion" requires specific facts and reasonable inferences from them, he wrote.
More than a 'mere hunch'. Bravo! Full article here.

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