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 walking. He was stopped six blocks later was without any reasonable suspicion there was criminal activity afoot. United States v. Hernandez, 2017 U.S. Dist. LEXIS 163817 (W.D. Mo. July 25, 2017), adopted, 2017 U.S. Dist. LEXIS 162157 (W.D. Mo. Oct. 2, 2017) .

Defendant apparently lost a flash drive on a shopping center parking lot, and a customer picked it up, opened it on a computer, and found child pornography. The police received it, and they looked, too, identifying defendant who worked at a business there. A search warrant was obtained for both a detailed search of the flash drive and then defendant’s house. There was probable cause for the search warrants. [The word abandonment of the flash drive is never used, but losing it in the parking lot would qualify since it does for guns, cell phones, and drugs.] United States v. Tello, 2017 U.S. Dist. LEXIS 164413 (E.D. Mich. Oct. 4, 2017).*

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