Defendant was reported to the police as \u201csuspicious and disoriented.\u201d When they found him, he was intoxicated. There was nothing to suggest he was dangerous. \u201c[T]he information the Officers possessed about Defendant did not indicate that he was armed and dangerous.\u201d The frisk could not be justified by that. The officers felt, however, that defendant was a danger to himself or others, and the court finds probable cause for a frisk before taking him\u201cinto protective custody under Colorado’s Emergency Commitment statute.\u201d United States v. Gilmore, 945 F. Supp. 2d 1211 (D. Colo. 2013).*<\/p>\n
Co-defendant passenger had standing to challenge the stop (which was valid) but not the search of the vehicle owned and driven by another. United States v. Desjardin, 2013 U.S. Dist. LEXIS 70770 (D. Nev. May 17, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading