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Driving too slow on a military base is not RS

By John Wesley Hall, Jr.

Defendant's driving too slow at night on a military reservation was not reasonable suspicion. Court's initial conclusion that it was is reversed and the stop suppressed. United States v. Pompa, 2008 U.S. Dist. LEXIS 72988 (S.D. Ga. September 24, 2008): Again and again courts have recognized that driving well below the speed limit, even late at night, is in and of itself insufficient to furnish reasonable suspicion. See generally Johnson v. Sprynczynatyk, 2006 ND 137, 717 N.W.2d 586 (N.D. 2006) (no reasonable suspicion to stop driver traveling between eight and ten miles per hour in a 25 m.p.h. zone at 12:43 a.m.); Faunce v. State of Florida, 884 So.2d 504 (Fla. Dist. Ct. App. 2004) (no reasonable suspicion to stop truck traveling 10-15 m.p...continue to full post

Full post as published by Fourth Amendment on September 27, 2008 (boomark / email).