Defendant was lawfully subjected to a patdown. The area was not high crime, but defendant was stopped in the middle of the night with a child in the car, both in their pajamas, the snow never cleared from the windshield. When he got out of the car, he put his hands up, although the officer hadn\u2019t even spoken yet. \u201cClary explained in his seven years of law enforcement experience, nobody has ever put their hands in the air after being stopped for a mere traffic violation.\u201d United States v. Banks, 2013 U.S. Dist. LEXIS 174881 (D. S.D. December 11, 2013).*<\/p>\n
Street side trash pulls were constitutional. United States v. McGuire, 2013 U.S. Dist. LEXIS 174657 (D. S.D. December 10, 2013).*<\/p>\n
The officer had probable cause to stop plaintiff for speeding because of the reading of the radar gun, and that led to probable cause to arrest him for OWI. Jones v. City of Elkhart<\/a>, 737 F.3d 1107 (7th Cir. 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading