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NE: Foster homes not pervasively regulated businesses

By John Wesley Hall, Jr.

Observation of hand-to-had drug deal was probable cause for defendant's stop and arrest. State v. Pearson, 2009 Tenn. Crim. App. LEXIS 275 (April 6, 2009).* A tag light is not required in Tennessee, so a stop for not having the license plate illuminated is without justification. State v. Hunt, 2009 Tenn. Crim. App. LEXIS 300 (April 17, 2009).* Foster care homes are not pervasively regulated businesses in Nebraska. Instead, they are subject to the special needs exception. Omni Behavioral Health v. Neb. Foster Care Review Bd., 277 Neb. 641, 2009 Neb. LEXIS 69 (April 23, 2009). "Whether a police officer has probable cause to make a traffic stop does not depend on whether the driver was actually guilty of the violation which the officer believed to have occurred...continue to full post

Full post as published by Fourth Amendment on April 28, 2009 (boomark / email).