Legal Opinion · Concurrence

Taylor v. State

Nevada Supreme Court

Decided October 4, 1995No. 25287Published

1ConcurrenceSteffen, C. J.

I concur in the affirmation of Taylor’s judgment of conviction, but strongly disagree with the test adopted by the majority in *1260addressing the propriety of pretextual stops under the Fourth Amendment. I therefore write separately.

The issue of the legal eifect of a technically lawful stop or arrest that has been made as a pretext to search a vehicle for contraband or other evidence of a more serious crime has not been squarely addressed in Nevada. This court has merely alluded to the possible effects of pretextual law enforcement. See Hatley v. State, 100 Nev. 214, 678 P.2d 1160 (1984).

In…

2Cases cited26 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. United States v. RobinsonSupreme Court of the United States · 1973
  4. United States v. SharpeSupreme Court of the United States · 1985
  5. Scott v. United StatesSupreme Court of the United States · 1978

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