CA6: No RS for a frisk; gov’t waived standing in DC and can’t argue it on appeal

There was a basis for the stop, but there was none for a frisk, and the district court erred in concluding otherwise. Also, the government waive a standing argument in the district court and it can’t raise it on appeal. United States v. Noble, 2014 U.S. App. LEXIS 15279, 2014 FED App. 0179P (6th Cir. August 8, 2014).

Officers had reasonable suspicion that a hand to hand sale had occurred when they stopped the defendant, but a search of a cigarette box was not justified by probable cause. Commonwealth v. Stewart, 2014 Mass. LEXIS 590 (August 7, 2014).*

Also adopting the warrant requirement of Weems from McNeely in Texas is Forsyth v. State, 2014 Tex. App. LEXIS 8632 (Tex. App. – Eastland July 31, 2014).*