Post details: KY: “[F]idgeting alone is insufficient to justify a Terry search for weapons”

11/11/12

Permalink 12:14:12 am, by fourth, 164 words, 573 views   English (US)
Categories: General

KY: “[F]idgeting alone is insufficient to justify a Terry search for weapons”

“[W]e conclude that fidgeting alone is insufficient to justify a Terry search for weapons.” Reynolds v. Commonwealth, 393 S.W.3d 607 (Ky. App. 2012).

Defendant’s reckless driving and conduct in an effort to flee from the police was a separate crime, completely separate from the alleged illegality of the stop. People v. May, 2012 NY Slip Op 07472, 2012 N.Y. App. Div. LEXIS 7371 (4th Dept. November 9, 2012):

It is well established that "[a] person who is stopped or detained illegally is not immunized from prosecution for crimes committed during his [or her] detention period" (United States v Garcia-Jordan, 860 F2d 159, 160; see Rogers, 52 NY2d at 531-532). Here, inasmuch as defendant's response to the police approach was "unjustified and criminal in nature ... and unrelated to the initial [allegedly] unlawful action on the part of the police," suppression of the subsequently-acquired evidence was not required (People v Townes, 41 NY2d 97, 102; People v Ellis, 4 AD3d 877, 878, lv denied 3 NY3d 639, reconsideration denied 3 NY3d 673; cf. People v Felton, 78 NY2d 1063, 1065).

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