In an internet traveler case where the defendant came from SC to KY, there was reason to believe that evidence would be found in his home in SC where the chats occurred after he was arrested in KY. United States v. Hill, 2009 U.S. Dist. LEXIS 119400 (W.D. Ky. December 22, 2009).*<\/p>\n
Probable cause existed for defendant\u2019s stop from a missing front license plate. After the stop, the defendant rolled down his window and marijuana smoke billowed out, and that was PC for search of the car. United States v. Dolson, 2009 U.S. Dist. LEXIS 119182 (D. Minn. August 10, 2009).*<\/p>\n
Officer was justified stopping a man in a suit with a gun in a holster walking toward an “important public building.” That man was a criminal defense lawyer. This is what Terry<\/a> is for. The officer also did not violate the lawyer’s rights by pointing a gun at him. Schubert v. City of Springfield<\/a>, 589 F.3d 496 (1st Cir. 2009):<\/p>\n . . . The fact remains, however, that the officer saw a man carrying a gun in a high-crime area, walking toward an important public building. <\/p>\n Schubert contends that his clothing, his age, and the fact that he was carrying a briefcase are factors that should undercut the reasonableness of Stern’s suspicion. We are not persuaded. A Terry stop is intended for just such a situation, where the officer has a reasonable concern about potential criminal activity based on his “on-the-spot observations,” and where immediate action is required to ensure that any criminal activity is stopped or prevented. Terry, 392 U.S. at 20. We need not outline in detail the obvious and potentially horrific events that could have transpired had an officer noted a man walking toward the courthouse with a gun and chosen not to intervene.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading