OH2: Officer’s sexual assault of motorist criminally violated 4A

Defendant was a part time police officer conviction of state civil rights violations for sexual assault during frisks of women that clearly exceeded the Fourth Amendment. State v. Sanderson, 2019-Ohio-3589, 2019 Ohio App. LEXIS 3673 (2d Dist. Sept. 6, 2019).*

CBP had reasonable suspicion for an immigration stop at a Walmart parking lot because they observed surreptitiously switching cars without going into the store. While extreme nervousness when talking to the police isn’t indicative of much, extreme nervousness when one doesn’t know he or she is under observation is an indicator of reasonable suspicion. United States v. Santibanez, 2019 U.S. Dist. LEXIS 151692 (W.D. Tex. Sept. 6, 2019).*

The court finds reasonable suspicion for continuation of the stop from the fact that most of the occupants of the vehicle wouldn’t look at the officer, one wouldn’t look away from a cell phone, and the vehicle “slow rolled” from a safe spot to a darker area. The officer attempted to pull him over in a well lighted area. United States v. Miller, 2019 U.S. Dist. LEXIS 153254 (N.D. W.Va. Sept. 4, 2019),* adopted in part, 019 U.S. Dist. LEXIS 153005 (N.D. W.Va. Sept. 9, 2019).*

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