Listen to "Reality Check with Ben Swann" on Spreaker.

Federal Appeals Court: Driving With Upright Posture and Acne Is Sufficient Evidence For Traffic Stop

Must Read

Answer to Trump Social Ban and Parler Removal De-centralization?

Answer to Trump Social Ban and Parler Removal Decentralization? - powered by ise.media Is the answer to the permanent ban...

New Impeachment NOT About Riots, About Stopping Trump Run in 2024

New Impeachment NOT About Riots, About Stopping Trump Run in 2024 - powered by ise.media The effort being put forward...

Trump Supporters Who Stormed Capitol Building are Protestors, NOT Terrorists or Insurrectionists

Trump Supporters Who Stormed the Capitol Building are Protestors NOT Terrorists or Insurrectionists - powered by ise.media Media and Politicians...
Annabelle Bamforth
New Hampshire-based writer Annabelle Bamforth is TruthInMedia.com's editor-in-chief, focused on breaking the left/right paradigm through new media and local politics. To share a news tip, contact annabelle@truthinmedia.com.

New Mexico-  A federal appeals court has unanimously ruled that acne scars and driving with a stiff upright posture are reasonable grounds for being pulled over.

The ruling was made after Cindy Lee Westhoven filed a motion to suppress evidence of marijuana possession resulting from her encounter with Border Patrol Agent Joshua Semmerling. Westhoven challenged the arrest: “She argued the initial stop, her subsequent detention, and her de facto arrest all violated her Fourth Amendment rights,” the ruling stated. Westhoven had been pulled over by Semmerling in April 2012. Preceding the incident, Semmerling and Westhoven passed one another driving in opposite directions on Highway 80 in southern New Mexico.

Semmerling noticed that Westhoven’s arms were “straight and locked out” at a “ten-and-two position on the steering wheel” as she was driving by. Semmerling decided that this was unusual behavior, and made a U-turn to stop Westhoven “for an immigration check to determine the citizenship of the driver and any passengers.” Upon stopping Westhoven he observed that her vehicle, a Ford F-150, had tinted windows and Arizona license plates. Semmerling was convinced that this was suspicious.

- Newsletter -

Semmerling found Westhoven’s facial complexion suspicious as well; noting acne scars on her face, he believed that she might be a methamphetamine user. He began questioning Westhoven about where she was coming from and where she was heading. Westhoven was visibly anxious during the stop; Semmerling stated that he had  “never seen somebody shaking like that before”.

Westhoven told Semmerling that she had been shopping in Douglas, Arizona and was heading to Tucson. Semmerling believed that her response was odd because “Tucson had better shopping opportunities than Douglas”, and driving on Highway 80 in New Mexico between Douglas and Tucson was an indirect route. During his questioning Semmerling saw that Westhoven had two cell phones in the truck, which he considered to be further evidence that she was smuggling illegal immigrants.

After Semmerling ran Westhoven’s Arizona driver’s license and found no warrants, he requested to search her truck, and she refused. He then called in a canine unit to check her vehicle, and marijuana was found inside the truck. Westhoven was arrested and charged with possession of marijuana with intent to distribute.

Westhoven argued that driving with a stiff posture was no justification for being pulled over. Having facial acne, two cell phones, and tinted windows were not in violation of any law. Judge Scott M. Matheson, Jr. of the United States Court of Appeals for the Tenth Circuit stated that none of these characteristics are suspicious on their own. “But when taken together along with driving a vehicle with out-of-state plates in a mountainous smuggling corridor 40-45 miles away from the border, we conclude Agent Semmerling had reasonable suspicion Ms. Westhoven was involved in smuggling activity.”  The three judges of the Tenth Circuit U.S. Court of Appeals upheld the search and threw out Westhoven’s motion to suppress the evidence of marijuana.

Follow Annabelle on Facebook and Twitter.

 

- Advertisement -

Featrued Sponsors

video

Texas Files Lawsuit Asks SCOTUS To Block 4 States From Participating in Electoral College

Texas Files Lawsuit Asks SCOTUS To Block 4 States From Participating in Electoral College - powered by ise.media Check out our sponsor Kim Daly and...

Unstoppable Domains

Uncensorable blockchain domains. Every domain purchase supports Ben Swann and Truth in Media

Holland Center

Holland Center is a day treatment program and medical clinic for children with autism.
- Advertisement -

Latest News

video

Answer to Trump Social Ban and Parler Removal De-centralization?

Answer to Trump Social Ban and Parler Removal Decentralization? - powered by ise.media Is the answer to the permanent ban...
video

New Impeachment NOT About Riots, About Stopping Trump Run in 2024

New Impeachment NOT About Riots, About Stopping Trump Run in 2024 - powered by ise.media The effort being put forward by House Democrats to Impeach...
video

Trump Supporters Who Stormed Capitol Building are Protestors, NOT Terrorists or Insurrectionists

Trump Supporters Who Stormed the Capitol Building are Protestors NOT Terrorists or Insurrectionists - powered by ise.media Media and Politicians have spent the last seven...
video

The Biggest Problem With C0ViD V@ccin3s

The Biggest Problem With C0VlD V@ccin3s is the inability to even question them! The Biggest Problem with Vaccines - powered by ise.media Learn about our new...
video

Gates Says No Normal Until 2022, U.S. Billionaires Increase Wealth by $1 Trillion Since Lockdowns

Bill Gates says no normal until 2022; U.S. Billionaires increase wealth by $1 Trillion since lockdowns began just nine months ago. Gates Says No Normal...
- Advertisement -

More Articles Like This