Category Archives: Stop and frisk

IL: Frisk depends on RS def is armed, not just committing some nebulous offense

“We reject defendant’s argument he was seized when officer Harrold requested he remove his hands from his pockets and conclude defendant was not seized until officer Harrold frisked him.” … “Accordingly, a police officer must have reasonable suspicion the individual … Continue reading

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E.D.N.C.: Officers first said they were from Publishers’ Clearinghouse, then said “open the door or we are going to knock it down.” Consent after that was valid

Officers first knocked at door saying they were with Publishers’ Clearinghouse, but defendant didn’t come to door. Then they said in Spanish “open the door or we are going to knock it down.” It was on body camera. On the … Continue reading

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W.D.Tenn.: Because ‘guns and drugs go together,’ faint smell of MJ plus furtive movement justified frisk

Defendant was stopped for a cracked windshield, which it clearly was. “Ordering Henderson to step out of the car was only a de minimis intrusion of his personal liberty, and it did not violate his Fourth Amendment rights.” “Officer Putman … Continue reading

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IA: A claim of officer safety has to be objectively justified by the record; Rodriguez followed under state constitution

Iowa adopts Rodriguez under state constitution after a lengthy comparison of its own cases and cases from around the country. A claim of officer safety has to be objectively justified by the record; merely stating it doesn’t make it so. … Continue reading

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MD: A stop and a frisk have separate constitutional justifications; courts must confine Terry to its 4A mooring

This Terry stop failed reasonable suspicion and all tenets of Terry. [Subtext: Police are abusing Terry, and the courts have to control them.] Ames v. State, 2017 Md. App. LEXIS 121 (Feb. 3, 2017) (Moylan, J.) (caution: The Lexis version … Continue reading

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OH6: Because OH limits minor misdemeanor searches more than the 4A, search of def because of marijuana flakes on shirt was unreasonable

Defendant was a passenger in a vehicle stopped for suspicion the driver had a suspended DL because of a computer check. Defendant was made to get out of the vehicle despite being blind. The officer noted marijuana flakes on his … Continue reading

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OH5: Fire inspector’s violation of city agreement to give notice before inspections warranted his firing

Jeffries complained that he was subjected to arbitrary and invasive fire inspections, and the city agreed to give him prior notice. Lanzer, however, violated that agreement and was fired by the city. “However, as stated above, the City of Louisville … Continue reading

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MD: Trial court erred in suppressing virtual replay of Wardlow

Officers approached a group of men on the street in a high crime area telling them to stay put and not run. Defendant, however, sprinted away. Two officers were on bikes and caught up to him, and he admitted he … Continue reading

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CA7: RS of drugs in a backpack was justification for frisk for gun; taking key to do a protective sweep of apt before seeking consent was valid on this record

Defendant’s frisk for weapons was justified because there was reasonable suspicion he had drugs in a backpack that had been deposited in an apartment, which defendant lied about going to. Drugs and firearms “go hand in hand,” (See, e.g., United … Continue reading

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CA8: Key fob in pocket, common today, is not RS def was driving a nearby stolen car

A key fob in one’s pocket, common today, is not reasonable suspicion defendant was driving a nearby stolen car. The seizure was suppressed. United States v. Craddock, 2016 U.S. App. LEXIS 20118 (8th Cir. Nov. 8, 2016):

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