Category Archives: Stop and frisk

Daily Beast: ‘Red Flags’ as New Documents Point to Blind Spots of NYPD ‘Predictive Policing’

Daily Beast: ‘Red Flags’ as New Documents Point to Blind Spots of NYPD ‘Predictive Policing’ by Ali Winston: “They’re digitizing the legacy of stop-and-frisk. This is effectively math-washing racially biased policing practices.”

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CA9: Criminal history can be a consideration in the totality of PC

Defendant’s state parole search condition required no cause, and the search was valid. There also was probable cause on the totality, and criminal history was a valid consideration of probable cause, but not determinative. United States v. King, 2019 U.S. … Continue reading

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PA: Officer’s belief of possession of a concealed firearm is not RS for a stop and frisk

Officer’s belief of possession of a concealed firearm is not reasonable suspicion of unlawful use of a firearm. Prior case law from 1991 is disapproved. Commonwealth v. Hicks, 2019 Pa. LEXIS 3064 (May 31, 2019):

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Cleveland.com: Cleveland police must detail why officers stop and search suspects under new policies

Cleveland.com: Cleveland police must detail why officers stop and search suspects under new policies by Eric Heisig, CLEVELAND, Ohio — The city of Cleveland’s new police search and seizure policies should be approved by a judge so officers can be … Continue reading

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S.D.N.Y.: Govt fails its burden of proof to show RS for a stop and frisk based on credibility of the officer; it was a hunch at best

Defendant was seen at 1 am in a high crime area on the street in the Bronx talking with three others. The officer claimed he could see him adjusting his waistband, suggesting a gun. Collectively, the court simply doesn’t believe … Continue reading

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CA11 (en banc): Frisk in high crime area at 4 am produced ammunition and empty holster by plain feel

A frisk at 4 am in a high crime area was not only justified, it produced one round of ammunition and an empty holster by plain feel. That led to a search of the ground that produced the firearm. The … Continue reading

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CA7: RS existed for defs’ stop despite others had been stopped, too: “Terry does not authorize broad dragnets, but it also does not require perfection or precision.”

On the totality, officers had reasonable suspicion for a Terry stop of defendants for being involved in an armed robbery. He was near the scene, walking away, although he matched the description by race and gender. Moreover, two other men … Continue reading

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CA6: Ptf states claim that opening wallet during protective search violated 4A

There were disputed issues of material fact to the arrestee’s claims, including whether the officers exceeded the scope of a lawful protective search by removing the arrestee’s wallet from his pants. King v. United States, 2019 U.S. App. LEXIS 5438 … Continue reading

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CA5: Ptf’s indictment by a Texas grand jury cuts off his malicious prosecution claim

Plaintiff’s indictment by a Texas grand jury cuts off his malicious prosecution claim. There was no evidence the grand jury was misled. Curtis v. Sowell, 2019 U.S. App. LEXIS 4666 (5th Cir. Feb. 15, 2019). Defendant was encountered by police … Continue reading

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OH9: Inadequate findings on officer safety patdown requires remand

The trial court’s findings of an alleged officer safety justification for his patdown are inadequate for the court of appeals to decide whether the state justified the patdown. Remanded for more findings. State v. Murphy, 2019-Ohio-515, 2019 Ohio App. LEXIS … Continue reading

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IA: Def’s consent to patdown for weapons wasn’t consent to open container that could not have contained a weapon

Defendant consented to a patdown for weapons. Removing an object and opening it that couldn’t be holding a weapon exceeded the consent. State v. Hampton, 2019 Iowa App. LEXIS 108 (Feb. 6, 2019). The evidence the police gathered showed that … Continue reading

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IA: Stolen tractor tires were visible from the curtilage and entry permitted

Defendant was suspected of possession of stolen property. Police came to his rural property to talk to him where he was self-employed working on tractors in back. He had a circular driveway. From the driveway they could see the outbuildings … Continue reading

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