Category Archives: Stop and frisk

W.D.Mo.: Stopping def on the street because he vaguely matched the description of an assailant from three days earlier lacked RS

Defendant was approached on the street as he was walking past the police station because he was the same race as a man who was a suspect in an assault three days later. He gave his first name but kept … Continue reading

Posted in Private search, Stop and frisk | Comments Off

IL: Stop of a witness to a homicide led to RS for frisk

Defendant was seized as a witness to a homicide, not as a suspect. Once stopped, however, reasonable suspicion developed that he was in possession of a firearm, and a frisk was permitted. In re Tyreke H., 2017 IL App (1st) … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off

D.Kan.: Def’s pulling arms from sweatshirt sleeves was RS for frisk since hands weren’t visible

The officer had reasonable suspicion for a frisk of defendant with a 4:30 am stop and having to turn his back on defendant to investigate what was going on. Importantly, defendant kept pulling his arms out of his sleeves of … Continue reading

Posted in Franks doctrine, Stop and frisk | Comments Off

D.N.M.: Flight from a pat down justifies arrest and search incident

“The initial encounter, including the officers’ questions to the Defendant, was justified under the community caretaker exception to the Fourth Amendment. However, that initial encounter quickly gave way to a pat-down search that was justified for officer safety under … … Continue reading

Posted in Stop and frisk | Comments Off

ID: Frisk doesn’t allow opening containers that can’t reasonably contain weapons; search incident doctrine doesn’t apply to frisk because no arrest

The search incident doctrine doesn’t apply to a stop and frisk. Thus, when a container is removed from a person in a frisk and the officer has no reasonable basis for concluding that the container has a weapon in it, … Continue reading

Posted in Search incident, Stop and frisk | Comments Off

Two on RS: CA1 criminal case and a WI cop firing case

The stop and frisk all happened here within seconds, and the court finds that, while the question is close and not free from doubt, the evidence supports the district court’s conclusion that there was reasonable suspicion for the stop and … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off

CA7: RS man was casing a store for robbery made it reasonable to believe he was armed for a frisk

The cases that apply to plaintiff’s Terry stop don’t necessarily apply to plaintiff’s frisk. Here, the precedents were too dissimilar, and defendants are entitled to qualified immunity for the frisk. Plaintiff was a “suspicious person” believed to be casing a … Continue reading

Posted in Qualified immunity, Stop and frisk | Comments Off

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