"Gilding the lily, the officer testified that he was additionally suspicious because when he drove by [the suspect] in his squad car before turning around and getting out and accosting him he noticed that [the suspect] was 'star[ing] straight ahead.' Had [the suspect] instead glanced around him, the officer would doubtless have testified that [he] seemed nervous or, the preferred term because of vagueness, 'furtive.' Whether you stand still or move, drive above, below or at the speed limit, you will be described by the police as acting suspiciously should they wish to stop or arrest you. Such subjective, promiscuous appeals to an ineffable intuition should not be credited."
- Judge Richard Posner U.S. v. Broomfield (2005)
Fri, October 1, 2010
by Landon Ascheman filed under