{"id":49393,"date":"2021-08-17T06:36:10","date_gmt":"2021-08-17T11:36:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49393"},"modified":"2021-08-17T06:36:10","modified_gmt":"2021-08-17T11:36:10","slug":"ca2-en-banc-directions-to-a-suspect-dont-make-a-stop-a-search-without-a-trespass-or-an-intrusion-into-a-rep","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=49393","title":{"rendered":"CA2 en banc: Directions to a suspect don’t make a stop a search without a trespass or an intrusion into a REP"},"content":{"rendered":"\n

CA2 en banc, summary by the court (8-3): \u201cThis case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. Based on the facts presented, we conclude that it was. We write en banc to confirm several fundamental, and well-settled, principles of Fourth Amendment jurisprudence. First, a police officer’s verbal directives to a suspect do not transform a stop into a search when they do not amount to a physical trespass or intrusion into an area subject to a reasonable expectation of privacy, irrespective of any reasonable belief by a suspect as to whether a search is occurring. Second, a police officer’s subjective intent bears no weight in determining when that officer’s interaction with the suspect constitutes a search. Third, in evaluating whether an officer has reasonable suspicion that a suspect is armed, courts must look to the totality of the circumstances confronting the officer, as viewed objectively by a reasonable and cautious officer on the scene. When the circumstances give rise to reasonable suspicion that a suspect has a weapon, an officer need not rule out alternative explanations\u2014whether innocent or otherwise\u2014for a suspect’s behavior before deciding to conduct a pat-down for his safety.\u201d United States v. Weaver<\/a>, 2021 U.S. App. LEXIS 24251 (2d Cir. Aug. 16, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"

CA2 en banc, summary by the court (8-3): \u201cThis case presents what is, in some respects, a familiar question: whether a police officer’s pat-down search of a suspect for weapons was reasonable under the Fourth Amendment. Based on the facts … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18,35,70],"tags":[],"class_list":["post-49393","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy","category-reasonable-suspicion","category-trespass"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49393","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49393"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49393\/revisions"}],"predecessor-version":[{"id":49394,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49393\/revisions\/49394"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49393"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49393"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49393"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}