VA: Two Black men walking in residential area at night near a crime wasn’t RS

Walking while black at night in a residential area near where a crime reported wasn’t enough to stop them. There was nothing suggested they did anything. Turay v. Commonwealth, 2023 Va. App. LEXIS 205 (Mar. 21, 2023) (unpublished):

We hold that Deputy Stroop’s detention of Turay violated his Fourth Amendment right against unreasonable seizures because, at the time of the seizure, there was no particularized, objective basis for suspecting Turay of criminal activity. There is no evidence that Deputy Stroop observed Turay or Carr do anything suspicious or evasive. Deputy Stroop detained Turay and Carr when they were merely walking-not rushing-down the street at night in a residential neighborhood. There is no evidence that they were walking away from, rather than toward, the scene of the robbery. The mere observation of two Black men walking late at night in a residential neighborhood cannot give rise to reasonable, individualized suspicion that they were involved in a robbery that occurred six to ten blocks away thirty minutes earlier.

This entry was posted in Reasonable suspicion. Bookmark the permalink.

Comments are closed.