Sunday, July 19, 2020

Tenth Circuit Breviaries

Fourth Amendment

In United States v. Cortez, the Tenth Circuit held that officer questioning did not unreasonably delay a traffic stop, and that the development of reasonable suspicion justified further questioning and detention until Border Control arrived.

On the way to that holding, the Court reminded us that district courts should not evaluate suppression claims "in the light most favorable to the government." Rather, they "must assess the credibility of witnesses and determine the weight to give to the evidence presented; the inferences the district court draws from that evidence and testimony are entirely within its discretion." 

Fifth Amendment/Miranda

Also in Cortez, the Tenth Circuit reconfirmed that no Miranda warnings are necessary before officer questioning during an ordinary traffic stop.

Previously, in Tenth Circuit Breviaries

If you missed last week's Breviaries, you can read them here.

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