Category Archives: Stop and frisk

NY2: Pawnbrokers are “pervasively regulated” under 4A

Pawnbrokers are “pervasively regulated” for consumer protection. City of Los Angeles v. Patel is way different because that industry was not so regulated. Collateral Loanbrokers Assn. of N.Y., Inc. v City of New York, 2019 NY Slip Op 09354, 2019 … Continue reading

Posted in Administrative search, Overbreadth, Particularity, Stop and frisk | Comments Off on NY2: Pawnbrokers are “pervasively regulated” under 4A

S.D.Tex.: Anonymous 911 call brought police to local store; seizures and patdowns were without RS

An anonymous 911 call about suspicious men in a small town store brought police. Because the town was small, it was easy to identify strangers, and the officers encountered them inside the store and brought them out. Ultimately there was … Continue reading

Posted in Stop and frisk | Comments Off on S.D.Tex.: Anonymous 911 call brought police to local store; seizures and patdowns were without RS

IN: Frisk was justified by RS, but “ball” in pocket wasn’t plain feel

The officer was observing defendant and suspected he’d be engaged in a drug transaction. Finally there was a patdown, and in defendant’s pocket was a small ball of something, which the officer reached for. It was obvious it was not … Continue reading

Posted in Plain view, feel, smell, Stop and frisk | Comments Off on IN: Frisk was justified by RS, but “ball” in pocket wasn’t plain feel

D.N.M.: A SW for CP doesn’t need to be limited to only devices on the premises police think were used; all can be searched

In a search warrant for child pornography, the warrant does not have to attempt to be limited to the only devices that the officers think downloaded the images; all devices on the premises can be searched, following codefendant’s case, United … Continue reading

Posted in Reasonable suspicion, Scope of search, Stop and frisk | Comments Off on D.N.M.: A SW for CP doesn’t need to be limited to only devices on the premises police think were used; all can be searched

FL1: Patdown for drugs permitted cutting hole in def’s underwear to retrieve that which wouldn’t fall out

The officer smelled the strong odor in defendant’s car and got him out. There was the strong odor on defendant’s person, too. A patdown revealed a lump under defendant’s shorts. The officer tried to shake it loose and couldn’t. He … Continue reading

Posted in Scope of search, Stop and frisk | Comments Off on FL1: Patdown for drugs permitted cutting hole in def’s underwear to retrieve that which wouldn’t fall out

DC: Telling def to put his hands on the wall for a patdown was a seizure and wasn’t consensual

Telling defendant to put his hands against the wall and assume the position for a patdown was a seizure, and here it was without probable cause. It was not consensual. Dozier v. United States, 2019 D.C. App. LEXIS 495 (Dec. … Continue reading

Posted in Exclusionary rule, Seizure, Stop and frisk | Comments Off on DC: Telling def to put his hands on the wall for a patdown was a seizure and wasn’t consensual

The Hour: ‘Stop-and-frisk’ can work, under careful supervision

The Hour: ‘Stop-and-frisk’ can work, under careful supervision by Henry F. Fradella:

Posted in Stop and frisk | Comments Off on The Hour: ‘Stop-and-frisk’ can work, under careful supervision

E.D.N.C.: “[R]easonable suspicion need not rule out the possibility of innocent conduct.” Navarette

A brief meeting for what could only be described by the officer, in his experience, was likely a hand-to-hand sale in a high crime area reasonable suspicion for a stop. “Other suggested explanations by defendant, such as that defendant may … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off on E.D.N.C.: “[R]easonable suspicion need not rule out the possibility of innocent conduct.” Navarette

MI: 4A not violated by taking of fingerprints and photographs during a Terry stop

Plaintiffs’ Fourth Amendment rights were not violated by police officers taking their photographs and fingerprints based on reasonable suspicion during valid Terry stops, because plaintiffs had no reasonable expectation of privacy in physical characteristics that were constantly exposed to the … Continue reading

Posted in Excessive force, Reasonable expectation of privacy, Stop and frisk | Comments Off on MI: 4A not violated by taking of fingerprints and photographs during a Terry stop

CA2: BIA erred in not suppressing; a prima facie case of an egregious violation of the 4A was shown because it was apparently race based stop and there was virtually no PC

BIA erred by denying petitioner’s motion to suppress evidence of his alleged alienage. He made out a prima facie case of an egregious violation of his constitutional rights where the evidence tended to show a racial animus in the planning … Continue reading

Posted in Immigration arrests, Pretext, Stop and frisk | Comments Off on CA2: BIA erred in not suppressing; a prima facie case of an egregious violation of the 4A was shown because it was apparently race based stop and there was virtually no PC

CA9: Shaking a fanny pack rather than searching it was reasonable during a stop-and-frisk

Shaking defendant’s fanny pack to see if there was a weapon rather than opening it was reasonable as a part of stop and frisk. United States v. Elenes, 2019 U.S. App. LEXIS 33067 (9th Cir. Nov. 5, 2019). Officers could … Continue reading

Posted in Consent, Knock and talk, Protective sweep, Stop and frisk | Comments Off on CA9: Shaking a fanny pack rather than searching it was reasonable during a stop-and-frisk

E.D.Pa.: The officer responding to a bank robbery call finding two men matching the description near the bank was reasonable in stopping and handcuffing them

“Accordingly, we find that based on Dougherty’s experience and familiarity with the area, and the totality of the circumstances known to him as he responded to a dispatch describing two African American males at least one of whom was armed, … Continue reading

Posted in Stop and frisk | Comments Off on E.D.Pa.: The officer responding to a bank robbery call finding two men matching the description near the bank was reasonable in stopping and handcuffing them