Category Archives: Stop and frisk

VA: RS for a frisk of def just gotten out of car also justified frisk of his car, too, when frisk of person came up empty

Brandishing a gun at another was reasonable suspicion for a stop and frisk of a defendant and then the car. “After the officers found no firearm as a result of their pat down of the appellant’s person, this fact served … Continue reading

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IA: Terry stop questioning doesn’t require a Miranda warning until it gets confrontational

Terry stop questioning doesn’t require a Miranda warning until it gets confrontational and adversarial and the detainee isn’t free to leave. State v. Decanini-Hernandez, 2021 Iowa App. LEXIS 172 (Feb. 17, 2021). Defense counsel wasn’t shown to be ineffective for … Continue reading

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CA2: The officer’s perceptions were reasonable that entry into defendant’s backyard was necessary

“Nor can we say that Galligan’s enforcement action was clearly unlawful. The undisputed facts of this case demonstrate that Plaintiffs kept a variety of unusual objects in their backyard, causing it to resemble a junkyard. The question is not whether … Continue reading

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IL: A stop and a frisk require independent factual bases

Stop and frisk are separate questions in their justification and scope, citing Terry. People v. Baker, 2020 IL App (2d) 180300, 2020 Ill. App. LEXIS 880 (Dec. 22, 2020). Police came for a wellness check on defendant’s mother. The search … Continue reading

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CA9: 911 call about man waving a gun justified stop at gunpoint and handcuffing

Officers’ display of firearms and handcuffing defendant in a detention after a 911 call of a man waving a gun was reasonable under Terry. United States v. Hearns, 2020 U.S. App. LEXIS 37363 (9th Cir. Nov. 27, 2020). Defendant was … Continue reading

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N.D.Ill.: Anticipatory seatbelt violation stop was reasonable and led to valid admission of gun

Stopping car at the scene of a shooting 90 minutes earlier because more people piled in than there were seatbelts for was reasonable. [An anticipatory stop on reasonable suspicion a traffic offense was about to happen. The stop was clearly … Continue reading

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CA5: Remanding on other grounds, stop lacked RS and should be reconsidered after a hearing

While reversing on other grounds, the Fifth Circuit directs reconsideration of the stop and frisk as lacking reasonable suspicion on the record it had for lack of a hearing. United States v. McKinney, 2020 U.S. App. LEXIS 36333 (5th Cir. … Continue reading

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D.Nev.: Walking into a Walmart in NV 5½ months after the El Paso Walmart shooting potentially armed with a shotgun was RS

A 911 call that defendant was potentially armed with a shotgun coming into a Walmart in Sparks NV, 5½ months after the El Paso Walmart shooting that killed 23 and injured 23 led to defendant’s stop and frisk. This was … Continue reading

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CA5: RS for stop and frisk was lacking based on clothing and location

Defendant’s patdown on the street in San Antonio lacked reasonable suspicion that his clothing suggested gang activity or the place was high crime. The firearm found on him is suppressed. The body camera evidence was used by the defense. The … Continue reading

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E.D.Va.: A Terry stop can’t be used to investigate a completed misdemeanor (noting conflicting authorities)

This anonymous tip fails under Navarette because it permits stops on no reliable information at all. Moreover, a Terry stop cannot be used to investigate a completed misdemeanor (noting the circuits to the contrary). United States v. Beasley, 2020 U.S. … Continue reading

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D.D.C.: Search of def’s fanny pack wasn’t valid as search incident, but it was valid because he disclaimed it

Defendant’s front license plate being on the dashboard and not affixed to the car was a traffic offense that justified his stop. “Perhaps Giles recognizes that there was probable cause to arrest him after he refused to pull over and … Continue reading

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CA9: Bulge in clothing from a firearm justifies a stop-and-frisk in California

A bulge that appears to be a firearm justifies a stop-and-frisk in jurisdictions where concealing a weapon is presumptively a crime, here, California. United States v. Bontemps, 2020 U.S. App. LEXIS 32227 (9th Cir. Oct. 13, 2020):

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The Intercept: Stop-and-frisk Never Really Ended. Now It’s Gone Digital.

The Intercept: Stop-and-frisk Never Really Ended. Now It’s Gone Digital. by Alice Speri (“A federal class-action lawsuit accuses New York police of unconstitutionally detaining people in order to run their IDs.”) If the stop has to be based on reasonable … Continue reading

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D.Nev.: Officers’ good faith belief def was a wanted person justified stop and frisk

The officers’ reasonable good faith believe defendant was another wanted person justified his stop and frisk. United States v. Galindo, 2020 U.S. Dist. LEXIS 182866 (D. Nev. Aug. 25, 2020):

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DC: PC to arrest isn’t necessarily PC to search; Terry stop evolved into PC

Probable cause to arrest is not necessarily probable cause to search. Defendant’s initial detention under Terry was justified and evolved into probable cause. “Mr. Ellison also argues that his pre-arrest detention was longer than permitted under Terry’s rationale permitting brief … Continue reading

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IL: Failure to attempt to suppress CSLI was harmless error, even if could have been successful

Failure to make a Carpenter argument was harmless error under the proof. People v. Ayoubi, 2020 IL App (1st) 180518, 2020 Ill. App. LEXIS 664 (Sept. 29, 2020). A stop may be valid under Terry, but the officer still needs … Continue reading

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