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The officer had information about defendant usually being in possession of drugs when he was driving in town, and the officer saw him. Once the officer started following, defendant’s driving pattern of going in circles suggested evasion. Defendant tossed drugs when the lights came on and Tennessee law favors the defendant on that, but the existence of reasonable suspicion makes the stop reasonable. State v. Gibson, 2012 Tenn. Crim. App. LEXIS 289 (May 8, 2012)*:

Additionally, we are compelled to address the State's and the trial court's mistaken reliance on California v. Hodari D., 499 U.S. 621, 111 S. Ct. 1547, 113 L. Ed. 2d 690 (1991), and State v. Baker, 966 S.W.2d 429 (Tenn. Crim. App. 1997), for the proposition that Gibson could not challenge the admissibility of the drugs he dropped out of the car after O'Dell turned on his blue lights. The Tennessee Supreme Court has rejected the holding of Hodari D., making it, and our previous cases relying on it, inapplicable here. See State v. Randolph, 74 S.W.3d 330, 337 (Tenn. 2002).

The officer had probable cause to stop the defendant for DUI. State v. Padgett, 2012 Tenn. Crim. App. LEXIS 291 (May 9, 2012).*

Defendant was stopped for following too close, and the driver exhibited signs he was under the influence of marijuana. Ultimately, a dog alerted. People v. Wofford, 2012 Ill. App. LEXIS 353, 2012 IL App (5th) 100138 (March 9, 2012), Motion to Publish Granted May 9, 2012.*

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New law review article: Suspicionless Searches of Public School Students: An Empirical Legal Analysis by Jason P. Nance forthcoming in the U. Colo. L. Rev. Abstract:

This Article presents an original empirical legal analysis of recent data from the U.S. Department of Education’s School Survey on Crime and Safety. The results of the analysis suggest that many public schools are violating students’ civil rights by conducting suspicionless, intrusive searches without valid justifications, such as having particularized evidence of a drug or weapons problem. Furthermore, the data indicate that many school officials may be using illegitimate criteria – most notably race – to determine whether to conduct those searches. For example, in schools that did not report any student violations relating to weapons, alcohol or drugs during the school year, schools with high minority populations were more than twice as likely to perform suspicionless, intrusive searches than schools with low minority populations. These findings hold true even when taking into account schools officials’ perceptions of the levels of crime where students live and where the school is located. The results underscore the importance of requiring school officials to provide particularized, objective evidence of a drug or weapons problem to justify these searches under the Fourth Amendment. Performing such searches without sufficient justification violates a fundamental civil right in the very institution where children should be educated about good citizenship. Schools cannot expect students to learn important constitutional principles when school authorities disregard them.

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