Category Archives: Stop and frisk

CA7: Plainclothes officers have to ID themselves when making a stop

“The jury instructions on Terry stops, however, were inadequate. Over Doornbos’s objection, the court instructed the jury only on investigatory stops but not frisks. Yet Officer Williamson’s own testimony indicates that he was starting a frisk when he first approached … Continue reading

Posted in Excessive force, Stop and frisk | Comments Off

OH3: The 3 days that an Ohio SW has to be executed in is business days

Ohio’s rule that a search warrant be executed in three days doesn’t include weekends. State v. Seaburn, 2017-Ohio-7115, 2017 Ohio App. LEXIS 3241 (3d Dist. Aug. 7, 2017). Defendant’s jaywalking stop didn’t justify a patdown where defendant wasn’t even asked … Continue reading

Posted in Reasonable suspicion, Stop and frisk, Warrant execution | Comments Off

ME: SW not needed to photograph def’s facial injuries

Police didn’t need a search warrant to photograph injuries on defendant’s face. State v. McNaughton, 2017 ME 173, 2017 Me. LEXIS 193 (Aug. 1, 2017). There was neither reasonable suspicion for defendant’s stop nor his patdown. No facts were put … Continue reading

Posted in Burden of proof, Reasonable expectation of privacy, Stop and frisk | Comments Off

CA10: Def didn’t submit to police authority until after his furtive movements under the car seat

Police officers pulled into a bar’s parking lot from different directions looking for criminal activity. When they pulled up behind him, defendant did not submit to police authority until after his furtive movements under the seat, where a gun was … Continue reading

Posted in Stop and frisk | Comments Off

CA10: Where one in car flashed gun in a bar, it was reasonable to order occupants to ground when stopped

Defendant was seen flashing a gun in a bar in Colorado, and police got a specific description including hair braids and dress from the wait staff. When the car was seen, officers ordered the occupants out and to the ground … Continue reading

Posted in Excessive force, Reasonableness, Stop and frisk | Comments Off

W.D.Tex.: Two citizen informants corroborated each other

Two identified citizen informants fully corroborated each other for reasonable suspicion. United States v. O’Brien, 2017 U.S. Dist. LEXIS 104936 (W.D. Tex. July 7, 2017).* “The officers’ interference with Lawrence’s liberty was not arbitrary. The officers approached West, Lawrence, and … Continue reading

Posted in Informant hearsay, Stop and frisk | Comments Off

ND: Firefighter reasonably removed rifle during early part of fire entry

Firefighters in the house removed a rifle for safekeeping and safety of the fireman early into the fire scene entry, and that was reasonable under Clifford. State v. Friesz, 2017 ND 177, 2017 N.D. LEXIS 164 (July 12, 2017). “Here, … Continue reading

Posted in Administrative search, Stop and frisk | Comments Off

OH10: Flight from a Terry stop was PC for search incident

“Because appellant committed an arrestable offense when he fled from the lawful Terry stop, the search of appellant’s person following his apprehension was constitutionally reasonable as a search incident to arrest.” State v. Johnson, 2017-Ohio-5527, 2017 Ohio App. LEXIS 2583 … Continue reading

Posted in Reasonable suspicion, Search incident, Stop and frisk | Comments Off

W.D.Mo.: Illegal Terry frisk led to subsequent searches after arrest warrant found; no suppression under Strieff

Defendant’s Terry frisk was invalid, but the existence of a warrant for his arrest requires that the subsequent searches not be suppressed under Strieff. United States v. Sisco, 2017 U.S. Dist. LEXIS 94761 (W.D. Mo. Jan. 11, 2017), adopted, 2017 … Continue reading

Posted in Attenuation, Stop and frisk | Comments Off

D.Ariz.: Checking gun SN during frisk was unreasonable

While an officer can take a gun during a frisk, the officer can’t run the serial numbers [compare New York v. Class on VINs] as a part of a frisk. United States v. Shipley, 2017 U.S. Dist. LEXIS 83985 (D. … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off