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This case asks whether the stop, search, and arrest of an individual after a traffic stop was unconstitutional under the Massachusetts Declaration of Rights. The case arises from a remarkable set of facts: although motivated by a desire to search Mr. Arias鈥檚 car for drugs, the police initiated the stop based on a day-old alleged traffic infraction and then arrested Mr. Arias for allegedly neglecting to stop his car immediately when the police initiated the stop. The 红杏视频 joined an amicus brief authored by the 红杏视频 of Massachusetts and the law firm Proskauer Rose, which argues that the police actions in this case were unconstitutional for three reasons. First, pretextual traffic stops, such as this one, violate the Massachusetts Declaration of Rights. Second, arrests for misdemeanors not involving breaches of the peace also violate the Massachusetts Declaration of Rights. Third, the statute prohibiting drivers from neglecting to stop is unconstitutionally vague as applied to this case.

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At the core of this case is the question of whether the government can extract and test our DNA without a warrant. The 红杏视频鈥檚 State Supreme Court Initiative and Project on Speech, Privacy, and Technology, together with the 红杏视频 of Michigan, filed an amicus brief arguing that, since our DNA contains vast amounts of highly sensitive information about us, DNA testing and extraction constitute a search and therefore require a warrant under both the Fourth Amendment to the U.S. Constitution and Article I, section 11 of the Michigan Constitution. If there were no warrant requirement, as the State urges, police would be able to arrest someone for one offense, even pretextually, and limitlessly test their DNA to investigate unrelated crimes. This would especially impact people鈥痜rom marginalized populations鈥痺ho鈥痑re most likely to be subject to these police practices.

鈥淭he pilots were well aware of which lever to pull. It was 鈥榟uman error鈥� that caused the mistake. But laying the blame on the pilots wasn鈥檛 ever going to solve the problem.鈥�