Category Archives: Stop and frisk

Cleveland.com: Cleveland police must detail why officers stop and search suspects under new policies

Cleveland.com: Cleveland police must detail why officers stop and search suspects under new policies by Eric Heisig, CLEVELAND, Ohio — The city of Cleveland’s new police search and seizure policies should be approved by a judge so officers can be … Continue reading

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S.D.N.Y.: Govt fails its burden of proof to show RS for a stop and frisk based on credibility of the officer; it was a hunch at best

Defendant was seen at 1 am in a high crime area on the street in the Bronx talking with three others. The officer claimed he could see him adjusting his waistband, suggesting a gun. Collectively, the court simply doesn’t believe … Continue reading

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CA11 (en banc): Frisk in high crime area at 4 am produced ammunition and empty holster by plain feel

A frisk at 4 am in a high crime area was not only justified, it produced one round of ammunition and an empty holster by plain feel. That led to a search of the ground that produced the firearm. The … Continue reading

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CA7: RS existed for defs’ stop despite others had been stopped, too: “Terry does not authorize broad dragnets, but it also does not require perfection or precision.”

On the totality, officers had reasonable suspicion for a Terry stop of defendants for being involved in an armed robbery. He was near the scene, walking away, although he matched the description by race and gender. Moreover, two other men … Continue reading

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CA6: Ptf states claim that opening wallet during protective search violated 4A

There were disputed issues of material fact to the arrestee’s claims, including whether the officers exceeded the scope of a lawful protective search by removing the arrestee’s wallet from his pants. King v. United States, 2019 U.S. App. LEXIS 5438 … Continue reading

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CA5: Ptf’s indictment by a Texas grand jury cuts off his malicious prosecution claim

Plaintiff’s indictment by a Texas grand jury cuts off his malicious prosecution claim. There was no evidence the grand jury was misled. Curtis v. Sowell, 2019 U.S. App. LEXIS 4666 (5th Cir. Feb. 15, 2019). Defendant was encountered by police … Continue reading

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OH9: Inadequate findings on officer safety patdown requires remand

The trial court’s findings of an alleged officer safety justification for his patdown are inadequate for the court of appeals to decide whether the state justified the patdown. Remanded for more findings. State v. Murphy, 2019-Ohio-515, 2019 Ohio App. LEXIS … Continue reading

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IA: Def’s consent to patdown for weapons wasn’t consent to open container that could not have contained a weapon

Defendant consented to a patdown for weapons. Removing an object and opening it that couldn’t be holding a weapon exceeded the consent. State v. Hampton, 2019 Iowa App. LEXIS 108 (Feb. 6, 2019). The evidence the police gathered showed that … Continue reading

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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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