Category Archives: Stop and frisk

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

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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

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

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

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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

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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

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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

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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

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WY recognizes invasion of privacy cause of action from Restatement of Torts for rental company’s tracking software on rented computers

Aspen Way leases computers in Wyoming. “The complaints each generally alleged that Aspen Way installed software on Plaintiffs’ leased computers, without Plaintiffs’ knowledge, that enabled Aspen Way to track the leased computers’ locations, remotely activate the computers’ webcams, and capture … Continue reading

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NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says

NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says by Al Baker: More than two years into his tenure, a court-appointed monitor overseeing changes to the New York Police Department’s stop-and-frisk policies has found that some officers … Continue reading

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IN: Second patdown had its own RS def was still armed

Defendant was hostile and aggressive toward officers, and a second patdown was conducted after he was handcuffed finding a gun. His actions continued and heightened concern that he had a weapon on him. J.R. v. State, 2017 Ind. App. LEXIS … Continue reading

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CA11: Stop of man matching description of a robber in vicinity was reasonable

Officers received a report of a Friday night armed robbery of an Hispanic male by two black men wearing black. “The officer was aware that would-be robbers targeted this area because it contained a number of bars frequented on weekend … Continue reading

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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

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