Category Archives: Stop and frisk

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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N.D.Ga.: When jail calls are a part of the PC for a SW affidavit, transcripts aren’t required

“Dubose raises a slew of arguments [not a good sign] in support of her contention that the affidavit fails to establish probable cause to search the iPhone; however, none of those arguments has merit.” There was an argument that a … Continue reading

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MN: Drunk sleeping man who’d just threatened woman with gun could be frisked for weapon under emergency exception, but not Terry

Defendant was drunk in a house allegedly threatening a woman and her infant child with a gun. He passed out. She called the police. The police entered, and defendant was asleep on the couch. They patted him down for a … Continue reading

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NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house

The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading

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IA: The facts showing RS can also add up to PC

The facts supporting reasonable suspicion to stop defendant were enough for probable cause, and add to that the fact defendant slowed down and tossed a baggie of marijuana from the car. Mention in a search warrant of a Nevada drug … Continue reading

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Chicago Sun-Times: Trump wants Chicago cops to have more stop-and-frisk power; bad idea, says Rahm

Chicago Sun-Times: Trump wants Chicago cops to have more stop-and-frisk power; bad idea, says Rahm by Lynn Sweet, Frank Main, Fran Spielman:

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N.D.Ill.: Shots fired 911 call and citizen report led to car; protective sweep of back seat was permissible

Chicago police officers received a man on the street report (treated as anonymous but reliable) that shots were just fired from a particular vehicle. There were also 911 calls about the shots. The vehicle was shortly seen, and that was … Continue reading

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NYLJ: NYPD Stop-and-Frisk Litigation Plaintiffs Say Confidentiality Order Would Erode Transparency

NYLJ: NYPD Stop-and-Frisk Litigation Plaintiffs Say Confidentiality Order Would Erode Transparency by Andrew Denney: Plaintiffs in the stop-and-frisk litigation against the New York City Police Department said that a federal monitor’s proposed confidentiality order would hide key data, such as … Continue reading

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M.D.Ala.: No RS for stop and frisk at 1:30 am in residential area

Police received a 911 call 1:21 am about a potential prowler, but the caller didn’t look because she was afraid to. She also didn’t ask the police to come by. The officer was dispatched, and he did a drive by … Continue reading

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ACLU Blog: Stop-and-Frisk Settlement in Milwaukee Lawsuit Is a Wakeup Call for Police Nationwide

ACLU Blog: Stop-and-Frisk Settlement in Milwaukee Lawsuit Is a Wakeup Call for Police Nationwide by Nusrat Choudhury: In a banner day for police reform, the city of Milwaukee has entered into a settlement agreement to end practices amounting to a … Continue reading

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CA3: No REP from police being in a hotel hallway and then having RS for a frisk

The odor of marijuana coming from defendant’s hotel room was reasonable suspicion for his later stop and frisk in the hallway. “Appellant’s brief could also be read to assert that the police lacked reasonable suspicion to patrol the motel hallway. … Continue reading

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Terry v. Ohio decided 50 years ago today

Today, Sunday, June 10th, is the 50th Anniversary of Terry v. Ohio, 392 U.S. 1 (1968). Ohio’s Eighth District Court of Appeals opinion is also noteworthy, drawing on common law and whatever recent authority there was, considering the court of … Continue reading

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