Legal Opinion · Dissent

United States v. Geoffrey Gaffney

Court of Appeals for the Eighth Circuit

Decided June 16, 2015No. 14-2100Published

1DissentBye, Circuit Judge

I disagree an objectively reasonable officer would have had a sufficient basis to stop Gaffney’s car for speeding. Consequently, I would reverse the district court’s denial of Gaffney’s motion to suppress, vacate his conviction, and remand for further proceedings. I therefore respectfully dissent from Section II.A. of the majority’s opinion and would not reach Section II.B.

“[T]he underlying command of the Fourth Amendment is always that searches and seizures must be reasonable .... ” Wilson v. Arkansas, 514 U.S. 927, 931, 115 S.Ct. 1914, 131 L.Ed.2d 976 (1995) (internal quotation marks…

2Cases cited10 opinions

  1. Wilson v. ArkansasSupreme Court of the United States · 1995
  2. United States v. LudwigCourt of Appeals for the Tenth Circuit · 2011
  3. United States v. Michael D. SandersCourt of Appeals for the Eighth Circuit · 1999
  4. United States v. Sean SowardsCourt of Appeals for the Fourth Circuit · 2012
  5. United States v. $45,000.00 in United States CurrencyCourt of Appeals for the Eighth Circuit · 2014

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