W.D.Mo.: Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion.

Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion. “Here, the officers knew that two black males were shooting firearms, and Defendant and Jackson were two black males who had been involved in the shooting. While the officers knew that Defendant and Jackson were witnesses to a crime, they did not know if their involvement went further; that is, the officers did not know if Jackson or Defendant were one or both of the men who had been shooting firearms. And given the nature of the crime involved, a concern for officer and public safety was reasonable. Therefore, the Court holds that the officers had reasonable suspicion to conduct the frisk.” United States v. Beasley, 2021 U.S. Dist. LEXIS 128991 (W.D. Mo. July 12, 2021).

“The exclusionary rule is generally not available in immigration proceedings, but we hold that once an alien makes a prima facie showing of an egregious regulatory or Fourth Amendment violation warranting suppression and submits specific evidence that the government’s evidence is tainted, the government has the burden and opportunity to rebut that claim of taint. The IJ erred in failing to credit B.R.’s specific evidence of taint. We grant B.R.’s petition for review on this issue and remand for further development of the record.” B.R. v. Garland, 2021 U.S. App. LEXIS 20528 (9th Cir. July 12, 2021).