Category Archives: Stop and frisk

CA9: Shaking a fanny pack rather than searching it was reasonable during a stop-and-frisk

Shaking defendant’s fanny pack to see if there was a weapon rather than opening it was reasonable as a part of stop and frisk. United States v. Elenes, 2019 U.S. App. LEXIS 33067 (9th Cir. Nov. 5, 2019). Officers could … Continue reading

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E.D.Pa.: The officer responding to a bank robbery call finding two men matching the description near the bank was reasonable in stopping and handcuffing them

“Accordingly, we find that based on Dougherty’s experience and familiarity with the area, and the totality of the circumstances known to him as he responded to a dispatch describing two African American males at least one of whom was armed, … Continue reading

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IL: Two anonymous calls of man with a gun resulted in finding only def in the area who walked like he was holding

The frisk of defendant did not violate the Fourth Amendment, so the trial court did not err by denying defendant’s motion to suppress the firearm. The officer encountered defendant after an unknown caller placed two 911 calls, defendant matched the … Continue reading

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N.D.Ohio: Criminal acts on premises is not a waiver of a REP in it

Defendant did not own the premises searched, but he had a reasonable expectation of privacy in it because of his connection to it. Also, criminal acts on the premises is not a waiver of a reasonable expectation of privacy. Minnesota … Continue reading

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MA well explains the totality of circumstances test applied to police-citizen contacts

Massachusetts well explains the totality of circumstances test applied to what a civilian would find an inherently coercive police citizen contact but the courts hardly ever do. Commonwealth v. Matta, 2019 Mass. LEXIS 582 (Oct. 21, 2019):

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LA4: Nervousness and furtiveness of person clutching bag on Bourbon St during Halloween crowd justified stop to check for weapons

It was Halloween on Bourbon Street, which is the largest crowd in New Orleans other than Mardi Gras. Defendant was stopped for his suspicious behavior on seeing EMS personnel, and he quickened his pace and tucked his bag under his … Continue reading

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OH8: SW was for all of a multifamily dwelling, only one unit was occupied; it was particular

The search warrant referred to the premises to be searched as “5243/45 Broadway.” It was one continuous apartment downstairs with one address, and the other upstairs was still being built and was occupied. 5243 was used on the search warrant … Continue reading

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CA3: Smell of burnt MJ and passenger rolling a blunt warranted stop and frisk for weapons

Defendants’ stop and frisk was reasonable. Their car was parked in a convenience stop parking lot, the motor was running, and the driver was apparently inside. The passenger was rolling a blunt, suggesting more marijuana in the car, and the … Continue reading

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D.Neb.: Advance notice def driving into state doesn’t require SW for car under automobile exception

Defendant concedes officers had probable cause. Just because they had advance notice defendant was coming because of the breadth of their investigation, the automobile exception allowed a vehicle search because of the mobility of the car. Advance notice still doesn’t … Continue reading

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CA9: Failure to list a cell phone on the inventory sheet doesn’t void its seizure

Defendant’s cell phone was seized from his car when it was impounded after a high speed chase. The fact it was omitted from the inventory sheet does not make its seizure unreasonable. It was ultimately searched with a search warrant. … Continue reading

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Sputnik International: ‘Inherently Racist’: Stop-And-Frisk Data Vindicates Activists’ Claims About DC Police Practice (opinion)

Sputnik International: ‘Inherently Racist’: Stop-And-Frisk Data Vindicates Activists’ Claims About DC Police Practice (opinion):

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IL: Disorderly conduct can justify a Terry stop

Police received a 911 call about a man with a blue hoodie on a bicycle shouting profanities. Because the call was to 911 and recorded and logged with caller ID, it was more reliable. On seeing the man, the officer … Continue reading

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