Daily Archives: August 23, 2016

IL: Mere presence in a high crime area isn’t reasonable suspicion

Mere presence in a high crime area isn’t reasonable suspicion, and defendant was unreasonably seized by police. People v. Williams, 2016 IL App (1st) 132615, 2016 Ill. App. LEXIS 555 (Aug. 19, 2016). “Reed Dempsey brought a civil rights action … Continue reading

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MD: The length of handcuffing did not turn Terry stop into a de facto arrest

Despite the handcuffs, the detention remained a Terry stop. “Use of handcuffs does not elevate an investigatory detention to an arrest when concern that weapons are present and officer safety provide the bases. Continued use of handcuffs after a frisk … Continue reading

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OR: Hot pursuit justified entry into def’s garage to arrest for DUI

Defendant fled from police who were attempting to stop him for DUI, and he entered the garage. The officer lawfully entered the garage in hot pursuit because of defendant’s flight. State v. Wright, 280 Ore. App. 259, 2016 Ore. App. … Continue reading

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W.D.N.C.: Presence of LEOs for probation search did not make it unreasoanble

Defendant was subjected to a valid probation search. While his probation officers were present, law enforcement actually conducted the search, but this was not unreasonable. United States v. Mills, 2016 U.S. Dist. LEXIS 104903 (W.D.N.C. July 21, 2016), adopted, 2016 … Continue reading

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KS: While entry into house to arrest for DUI was likely unreasonable, it was harmless error on this record; plenty of evidence without it

The court of appeals found the entry into defendant’s home to arrest him for DUI was unreasonable and without sufficient exigency, but, on the totality, it was not prejudicial error. There was plenty of evidence defendant was driving drunk without … Continue reading

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MO: SW for first structure on left was particular where the actual first was a hidden building and second was a shed

Defendant claimed that the search warrant wasn’t particular enough because it described defendant’s house as the first structure on the left on private road. Defendant shows that there were two others, but the first wasn’t visible from the road and … Continue reading

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