Category Archives: Stop and frisk

Baltimore Sun: Opinion: Predicting more biased policing in Baltimore

Baltimore Sun: Opinion: Predicting more biased policing in Baltimore: Police Commissioner Darryl De Sousa and Mayor Catherine Pugh recently announced measures meant to reduce violent crime in Baltimore, including ‘predictive policing,’ which they plan to be fully operational in the … Continue reading

Posted in Stop and frisk | Comments Off on Baltimore Sun: Opinion: Predicting more biased policing in Baltimore

NYTimes: Opinion: Don’t Let the Police Wreck Stop-and-Frisk Reforms

NYTimes: Opinion: Don’t Let the Police Wreck Stop-and-Frisk Reforms: We won the stop-and-frisk case in 2013, when a federal court ruled the New York City Police Department’s use of the practice was unconstitutional. But as the lawyers in the case, … Continue reading

Posted in Stop and frisk | Comments Off on NYTimes: Opinion: Don’t Let the Police Wreck Stop-and-Frisk Reforms

S.D.Miss.: Courts condone broader warrants when CP is being sought

Where the computer child pornography warrant required the electronic media be searched in 14 days and it was searched in two days there was no prejudice. The warrant was not general. The tendency in the cases is to permit broader … Continue reading

Posted in Consent, General warrant, Stop and frisk | Comments Off on S.D.Miss.: Courts condone broader warrants when CP is being sought

D.Nev.: Motorcycle gang’s jacket and other vague things wasn’t RS; a Terry frisk requires separate justification from a Terry stop

A Terry stop doesn’t automatically include the ability to conduct a frisk because they have separate justifications. Here, defendant was wearing a motorcycle gang jacket, but nothing else came close to providing reasonable suspicion, and the motion to suppress is … Continue reading

Posted in Probation / Parole search, Reasonable suspicion, Stop and frisk | Comments Off on D.Nev.: Motorcycle gang’s jacket and other vague things wasn’t RS; a Terry frisk requires separate justification from a Terry stop

AR: Search of def’s wallet in a frisk was unreasonable

The officer made a drug arrest in the park, and defendant was around and fidgeting with his hands repeatedly going in and out of his pockets. A frisk of defendant for a weapon was reasonable, but a search of his … Continue reading

Posted in Automobile exception, Scope of search, Stop and frisk | Comments Off on AR: Search of def’s wallet in a frisk was unreasonable

MA: Two men walking together are stopped because of RS as to one; frisk of second was reasonable for officer safety

The officer here stopped Perez and Ramirez when he reasonably suspected Perez of carrying a firearm. The situation was tense, and, on the totality, the court finds the frisk of Ramirez, too, was reasonable for officer and public safety. Commonwealth … Continue reading

Posted in Stop and frisk | Comments Off on MA: Two men walking together are stopped because of RS as to one; frisk of second was reasonable for officer safety

CA1: Inevitable discovery applies to patdown; safety ultimately justified it

The district court credited the testimony of the officer that the patdown was justified by legitimate safety concerns after he got inconsistent dates of birth from the passenger. While the patdown otherwise would have exceeded the scope of a lawful … Continue reading

Posted in Inevitable discovery, Stop and frisk | Comments Off on CA1: Inevitable discovery applies to patdown; safety ultimately justified it

National Review: Opinion: We Were Wrong about Stop-and-Frisk

National Review: Opinion: We Were Wrong about Stop-and-Frisk by Kyle Smith:

Posted in Stop and frisk | Comments Off on National Review: Opinion: We Were Wrong about Stop-and-Frisk

NY4: Frisk for a parking violation was unreasonable; just because def going in back of police car not good enough

Defendant was frisked without an articulable safety justification for a parking violation, and it was based on the fact the officer was putting defendant in the back of the patrol car. That’s not good enough. Also, the search of defendant’s … Continue reading

Posted in Stop and frisk | Comments Off on NY4: Frisk for a parking violation was unreasonable; just because def going in back of police car not good enough

D.Ariz.: Squeezing a leather bag in a frisk and hearing bullets was reasonable

During a frisk, squeezing a leather bag without searching it was reasonable to look for a possible weapon. See United States v. Mattarolo, 209 F.3d 1153, 1158 (9th Cir. 2000). He heard the sound of bullets, and didn’t search further … Continue reading

Posted in Franks doctrine, Stop and frisk | Comments Off on D.Ariz.: Squeezing a leather bag in a frisk and hearing bullets was reasonable

PA: Anonymous tip man on specific bus was armed was insufficient for stop and frisk of def

An anonymous tip that a man on a specific bus was carrying a gun was insufficient to stop and frisk the defendant. When the officer drew a gun on him he was detained, and his subsequent actions could not be … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Stop and frisk | Comments Off on PA: Anonymous tip man on specific bus was armed was insufficient for stop and frisk of def

OH5: RS for drugs means likely guns, so ability to frisk automatic

“The Ohio Supreme Court has stated that ‘the right to frisk is virtually automatic when individuals are suspected of committing a crime, like drug trafficking, for which they are likely to be armed.’ Evans at ¶ 9. Further, ‘[r]ecognizing the … Continue reading

Posted in Stop and frisk | Comments Off on OH5: RS for drugs means likely guns, so ability to frisk automatic