Category Archives: Stop and frisk

E.D.N.Y.: Feeling apparent weapon during patdown allows officer to go inside clothing

Feeling a weapon during a patdown allows the officer to go beyond the outer clothing to retrieve it. United States v. Hightower, 2020 U.S. Dist. LEXIS 112557 (E.D. N.Y. June 26, 2020). Defendant stopped his vehicle in an intersection where … Continue reading

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OH5: Walking down the middle of the street at night in a high crime area justified a patdown

Walking down the middle of the street at night in a high crime area justified a patdown. State v. Hall, 2020-Ohio-2937, 2020 Ohio App. LEXIS 1913 (5th Dist. May 15, 2020).* Replica of Glover: State v. Anglin, 2020-Ohio-2907, 2020 Ohio … Continue reading

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CA3: Driving on suspended DL justifies inventory of car, so search was inevitable

Defendant was driving on a suspended license, and it was inevitable that his car would be towed and inventoried. The search was thus not suppressed. United States v. Bradley, 2020 U.S. App. LEXIS 15593 (3d Cir. May 15, 2020). The … Continue reading

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D.C.Cir.: Police stopping nearest vehicle after hearing shots fired lacked RS

On de novo review of reasonable suspicion, the court finds defendant was stopped by being blocked in by a police car parked three feet away with takedown lights on. They are designed to obscure vision and disorient the motorist looking … Continue reading

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E.D.Mich.: Backpack in vehicle was subject to frisk under Terry

Search of defendant’s backpack in a vehicle was justified by reasonable suspicion under Terry it contained a weapon. Alternatively, the backpack search could have been permitted under inventory. United States v. McGinnist, 2020 U.S. Dist. LEXIS 69325 (E.D. Mich. Apr. … Continue reading

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OH2: Excessive force in stop-and-frisk was unreasonable

Use of excessive bodily force for a stop-and-frisk by lifting defendant into a wall was unreasonable where defendant did nothing to justify it. That required suppressing the stop. State v. Johnson, 2020-Ohio-2742, 2020 Ohio App. LEXIS 1707 (2d Dist. May … Continue reading

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VA: Patdown for firearm was unreasonable where no crime was afoot even though it was apparent def was carrying

Armed officers calling out to defendant “Yo, turn around, you live here?” was a seizure, he attempted to ignore until they caught up with him. He was patted down because of a telltale L-shaped bulge, and a gun removed. The … Continue reading

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IL: Pill bottle wasn’t a weapon, and removing it from pocket in a weapons frisk was unreasonable

The officer stopped after he believed defendant shouted an obscenity at him. When the officer looked at defendant, he spit in the officer’s direction. The patdown thereafter was without reasonable suspicion. The removal of a round cylindrical object from his … Continue reading

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CA6: Tip of man pacing in a parking lot in an area known for burglaries was RS for stop

Defendant was found to be the subject of a tip that a man was pacing in a parking lot in an area known for burglaries. When confronted, the officer found a warrant for his arrest. When his vehicle had to … Continue reading

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CA7: Running warrants on stopped panhandlers was reasonable

Chicago PD officers stopped panhandlers and ran warrants once they had their IDs. “We conclude that officers may execute a name check on an individual incidental to a proper stop under Terry v. Ohio, 392 U.S. 1, 16, 88 S. … Continue reading

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N.D.Ohio: Controlled buy is PC; CI’s alleged lie isn’t Franks issue

A controlled buy was probable cause. The claim that the CI lied isn’t cognizable under Franks. United States v. Sheridan, 2020 U.S. Dist. LEXIS 36163 (N.D. Ohio. Mar. 3, 2020). There were disputed questions of fact on whether it was … Continue reading

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Appeal.org: Commentary: The Enduring Trauma of Stop-and-Frisk

Appeal.org: Commentary: The Enduring Trauma of Stop-and-Frisk by Jamal Trulove (“As a Black child in San Francisco, I learned early that mine and others’ bodies meant nothing to those supposedly tasked with our protection.”)

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IN: Having def manipulate his clothing and remove his shoes was a search, not a safety frisk for weapons

The search of defendant was not for officer safety where the officer told defendant to move his clothing around because, if he was armed, he would be putting his hands on the weapon. The order to remove his shoes also … Continue reading

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D.Me.: Govt failed to prove frisk was for safety reasons; it was really a search for drugs without RS

The officers didn’t testify to a safety reason for a frisk, and the dashcam video did not support it either. Moreover, this was not a frisk for weapons; it was a search for drugs and it was without reasonable suspicion. … Continue reading

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WaPo: Mike Bloomberg ignored early evidence that ‘stop-and-frisk’ could be racially biased

WaPo: Mike Bloomberg ignored early evidence that ‘stop-and-frisk’ could be racially biased by Victor Ray:

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CA9: When arresting a vehicle passenger on a felony warrant, a frisk of others in the car is permissible for officer safety

When executing a felony arrest warrant on an occupant of a car, frisking companions in the car is reasonable for officer safety. United States v. Abbassi, 2020 U.S. App. LEXIS 3575 (9th Cir. Feb. 4, 2020). “In her informal brief … Continue reading

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