Daily Archives: October 2, 2017

KY: Arrest outside a dwelling doesn’t justify a protective sweep inside

An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. … Continue reading

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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

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CA5: Thumping a spare tire, even if a search, was with RS and reasonable under 4A

“Here, the agent articulated several observations which, based on his eight years of experience at this checkpoint, indicated that the truck’s spare tire contained contraband. Viewing this testimony in the light most favorable to the Government, and giving due deference … Continue reading

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IA: Officer’s inquiry into a backpack unreasonably extended the stop

Defendant was stopped because there was a plastic film over his license plate that made one of the letters illegible in headlights. The purpose of the stop was complete within 3-4 minutes. The officer, however, suddenly became interested in a … Continue reading

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