Opinion

United States v. Gregory B. Bloomfield, Also Known as Earl Marcum Johnson

  • 40 F.3d 910
  • 1994 U.S. App. LEXIS 32273
  • 1994 WL 643872
Court
Court of Appeals for the Eighth Circuit
Filed
Nov 16, 1994
Status
Published
Author
Arnold
On the bench
Arnold, Bright, McMillian, Fagg, Bowman, Wollman, Magill, Beam, Loken, Hansen, Memillian
Cited by
343 cases

holding remand unnecessary and that this court will uphold a district court’s decision on a motion to suppress despite lack of factual findings if, on review of the record, it finds that “any reasonable view of the evidence” supports the district court’s decision

How later courts described this case

  • holding remand unnecessary and that this court will uphold a district court’s decision on a motion to suppress despite lack of factual findings if, on review of the record, it finds that “any reasonable view of the evidence” supports the district court’s decision
  • holding the “reasonable investigation” of a traffic stop “includes asking for the driver’s license and registration, requesting that the driver sit in the patrol car, and asking the driver about his destination and purpose”
  • stating that any traffic violation, “however minor,” provides probable cause for a stop, and, if a traffic violation has occurred, an officer’s underlying motivations will not render the stop pretextual
  • holding that remand is unnecessary where the district court states its legal basis for denying the motion to suppress on the record and a reasonable view of the evidence supports its decision

Written by the judges who cited it.

The opinion

RICHARD S. ARNOLD, Chief Judge,

dissenting.

I join part II of Judge McMillian’s dissenting opinion. His eloquent and forceful discussion of the place of the Fourth Amend *925 ment in our Constitution convinces me that this judgment should be reversed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.