Category Archives: Stop and frisk

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

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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

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Stop and frisk created by SCOTUS 49 years ago today

Terry v. Ohio, 392 U.S. 1 (1968), was decided 49 years ago today, June 2d. The stop and frisk occurred on October 31, 1963. The Ohio Court of Appeals Eighth District opinion is interesting for its historical value: State v. … Continue reading

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IN: Anonymous report of man with gun wouldn’t alone support frisk, but def fled

Police received an anonymous tip that a man matching defendant’s description had a gun in a bar. The officer arrived right after the call and saw defendant. Under state case law, that alone wasn’t enough for a frisk without more. … Continue reading

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OH8: Citizen’s warning of sobriety checkpoints in Parma, Ohio was protected speech and not obstruction of governmental business

Defendant’s actions of having a sign and warning people of a sobriety checkpoint did not amount to obstruction of official business, so his arrest was unjustified. Ohio practice requires the police to warn of sobriety checkpoints, too. City of Parma … Continue reading

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Two car and person searches suppressed for lack of RS

The USMJ “reasonably determined that although there was probable cause to stop the car in which Linaman was traveling for possible traffic violations, …, Deputy Tadlock prolonged the stop beyond the time reasonably required to investigate those violations and without … Continue reading

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N.D.N.Y.: Def’s prior drug involvement justified a drug search condition on supervised release

Defendant’s prior convictions for drugs from age 17-22 justified a drug search condition on supervised release. United States v. Betsy-Jones, 2017 U.S. Dist. LEXIS 75157 (N.D. N.Y. April 28, 2017), adopted, 2017 U.S. Dist. LEXIS 74113 (N.D. N.Y. May 16, … Continue reading

Posted in Probation / Parole search, Stop and frisk | Comments Off

IL: Because def’s car matched description of a stolen car, it was reasonable to handcuff def

Considering that the vehicle defendant was stopped in matched the description of a stolen car, it was reasonable for the officer to handcuff him. People v. Richardson, 2017 IL App (1st) 130203-B, 2017 Ill. App. LEXIS 314 (May 12, 2017). … Continue reading

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D.Nev.: Officer came to def’s house on a domestic call and had no RS def was armed; frisk invalid

Responding to a domestic call, the officer met defendant at the door and he was compliant and holding a bag. There was no reason to believe that defendant was armed, but a stop and frisk was done, actually finding a … Continue reading

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N.D.Iowa: Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude conducting a frisk for weapons

Just because the officer had “unquestioned command of the situation” during a traffic stop doesn’t preclude the officer from conducting a frisk for weapons. Here, the stop was at night, in a high crime area, there were only streetlights, and … Continue reading

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