Category Archives: Stop and frisk

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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D.C.App. discusses “automatic companion” rule but concludes it doesn’t apply

The D.C. Court of Appeals discusses the scope of the automatic companion rule and finds that it doesn’t have to decide that issue here. There was reasonable suspicion for the companion’s patdown. Jenkins v. District of Columbia, 2020 D.C. App. … Continue reading

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MA: Def’s frisk during his traffic stop was unjustified and unreasonable

The granting of defendant’s motion to suppress is affirmed. Although the stop of his vehicle was proper, his frisk was improper as was the search of his car which was based on the results of the improper frisk. Defendant’s actions … Continue reading

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NYTimes: ‘I Was Wrong,’ Bloomberg Says. But This Policy Still Haunts Him.

NYTimes: ‘I Was Wrong,’ Bloomberg Says. But This Policy Still Haunts Him. By Emma G. Fitzsimmons and Joseph Goldstein (“After defending the stop-and-frisk policing tactic, the former mayor apologized. But black voters in the Democratic presidential race may not forgive … Continue reading

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N.D.Ind.: Def’s frisk was based on guilt by association and wasn’t for safety purposes

Defendant’s friend was involved in passing counterfeit $20 bills in a casino as viewed on video. The government, however, had no reasonable suspicion that defendant was actually involved in the scheme, so his frisk was unreasonable. Defendant’s frisk was investigatory … Continue reading

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NY2: Pawnbrokers are “pervasively regulated” under 4A

Pawnbrokers are “pervasively regulated” for consumer protection. City of Los Angeles v. Patel is way different because that industry was not so regulated. Collateral Loanbrokers Assn. of N.Y., Inc. v City of New York, 2019 NY Slip Op 09354, 2019 … Continue reading

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