Category Archives: Stop and frisk

N.D.Iowa: Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude conducting a frisk for weapons

Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude the officer from conducting a frisk for weapons. Here, the stop was at night, in a high crime area, there were only streetlights, and … Continue reading

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CA11: “Armed and dangerous” report on def was enough for a patdown

The officer had reasonable suspicion for a patdown based on a BOLO for defendant that he was armed and dangerous. Defendant wasn’t in custody when he was asked about where the gun was. United States v. Hogan, 2017 U.S. App. … Continue reading

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E.D.Mich.: If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose

Defendant’s cell phone was seized from his car after a stop. If an inventory is otherwise valid, it doesn’t matter that it also had an investigative purpose. A search warrant was sought for the cell phone. The affidavit for the … Continue reading

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CA11: When one in a group in a high crime area flinches on seeing the police, others with him are subject to investigative detention

Officers approached a group of men standing in a high crime area, and one of them flinched on seeing the police. That was reasonable suspicion as to him and at least permitted a brief detention of the others in the … Continue reading

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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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