Damned if you do, damned if you don't

Once again, there are no new published Sixth Circuit cases. So, we will borrow words of wisdom from the 7th Circuit so as to have a thought for the day.

"Gilding the lily, the officer testified that he was additionally suspicious because when he drove by Broomfield in his squad car before turning around and getting out and accosting him he noticed that Broomfield was ‘staring straight ahead.’ Had Broomfield instead glanced around him, the officer would doubtless have testified that Broomfield seemed nervous or, the preferred term because of its 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."
~ United States v. Broomfield, No. 04-4180,
(7th Cir. July 29, 2005).

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