Category Archives: Stop and frisk

W.D.Wash.: Dog sniff in apt building breezeway violated no REP, and it was moot anyway

On the totality, there was probable cause for cell phone search warrants. One can attempt to explain away the pieces, but the totality shows it. A dog sniff in the breezeway of an apartment complex violated no reasonable expectation of … Continue reading

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MI: No RS for getting def out of car for a frisk

Defendant’s stop was justified, but getting him out of the vehicle for a frisk was not. Suppressed. People v. Turner, 2022 Mich. App. LEXIS 4943 (Aug. 18, 2022) (2-1). On the totality, defendant consented to an interview in his own … Continue reading

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NY2: Search of wallet during a frisk unreasonable

Officers violated the Fourth Amendment during defendant’s frisk when they removed his wallet from his pocket and searched it. People v. Lewis, 2022 NY Slip Op 04920, 2022 N.Y. App. Div. LEXIS 4797 (2d Dept. Aug. 10, 2022). The officer … Continue reading

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MI: Extending stop for photographs and fingerprints unreasonable

The Grand Rapids PD’s policy of photographing and fingerprinting people without probable cause or reasonable suspicion in a Terry stop violated the Fourth Amendment. It was a trespass on the body. Johnson v. Vanderkooi, 2022 Mich. LEXIS 1359 (July 22, … Continue reading

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CA4: Def’s Facebook post and demeanor justified stop-and-frisk

Defendant’s Facebook post and his past supported reasonable suspicion for his stop and frisk of his fanny pack at a fair. He was a known member of a violent gang with a felony conviction, his house had been recently shot … Continue reading

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CA7: Stop-and-frisk at gunpoint was reasonable

Defendant’s actions justified a stop and frisk at gunpoint, and it was still a mere detention and not an arrest. United States v. Olson, 2022 U.S. App. LEXIS 19744 (7th Cir. July 18, 2022):

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NJ: Refusal of a frisk without RS does not add to RS

There was no reasonable suspicion for defendant’s stop. People who live in a “high crime area” do not have lesser constitutional protection. The facts here just didn’t support a frisk, and he had a right to refuse one, and that … Continue reading

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N.D.Ala.: Imprecision in the SW affidavit isn’t a Franks violation

Imprecision in the affiant investigator’s words doesn’t equate to recklessness for Franks purposes. United States v. Tubbs, 2022 U.S. Dist. LEXIS 73473 (N.D.Ala. Mar. 14, 2022).* Defendant’s alleged Franks violation wasn’t even material based on all the evidence that the … Continue reading

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DC: Possession of a knife doesn’t mean RS for possession of a firearm

A warrant for premises found a visitor there, and the record shows nothing about why he was searched and the trial court upheld it. “As discussed, the factors the trial court relied upon to validate the patdown of Mr. Bingman—his … Continue reading

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MS: Open fields covered by state const.; warrant required for administrative search

A warrant is required for administrative searches under the Mississippi constitution, which also protects all land owned by the complainant, including open fields. Plain view is inapplicable here. The exclusionary rule applies to this administrative search and seizure. Okhuysen v. … Continue reading

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D.Conn.: CI was personally involved in info he provided, and he was further corroborated by an unrelated wiretap

The CI here was untested for prior reliability, but the information was detailed and had the CI’s personal involvement. Moreover, an unrelated wiretap provided some corroboration of the CI’s involvement. This probable cause finding is not a close call. If … Continue reading

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N.D.Fla.: § 2241 habeas can’t be used to review another USDJ’s denial of a motion to suppress

A defendant can’t use a 2241 habeas as a way to appeal denial of a motion to suppress by another district judge. Butler v. Cook, 2021 U.S. Dist. LEXIS 247876 (N.D.Fla. Nov. 30, 2021). Controlled buys from defendant a few … Continue reading

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MA: Driver’s and passenger’s conduct during traffic stop helped create RS for frisk of passenger in backseat

During a traffic stop, the driver and front seat passenger were argumentative and threatening for a fight. The officers surmised that this was a distraction from the vehicle because it could have a firearm in it. On the totality, there … Continue reading

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CA6: Officer routinely asking “about drugs, weapons, and dead bodies” during traffic stops doesn’t unreasonably extend them

Officer “Mathieson testified that it is his habit to ask about drugs, weapons, and dead bodies during traffic stops. In any event, police officers are permitted to stop a vehicle for a traffic violation and look for evidence of a … Continue reading

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TX2: Unlawful stop-and-frisk leads to suppression of patdown and search and abandonment during flight

Defendant’s stop was without reasonable suspicion. His alleged consent was not voluntary and his flight and abandonment were not attenuated but were caused by the illegal stop and frisk. Massey v. State, 2021 Tex. App. LEXIS 9820 (Tex. App. – … Continue reading

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IL: Def’s stop and obtaining DL was permitted by Terry so alleged illegal arrest is moot point

Officers had sufficient information for a Terry stop. They arrested defendant and got his DL and identifiers. Even if the arrest was illegal, the Terry stop would not have been and the same information would have been available. Therefore, there … Continue reading

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N.D.Ind.: Arrestee left out in cold in t-shirt stated 4A claim

Plaintiff states a Fourth Amendment claim that he was arrested and left outside in the snow in jeans and a t-shirt for more than 30 minutes. Bolin v. Prater, 2021 U.S. Dist. LEXIS 225777 (N.D.Ind. Nov. 23, 2021). Leaving drugs … Continue reading

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OH11: No standing in father’s cell phones even when communicating with defense experts

Defendant is charged with killing his wife. He didn’t have standing to challenge a search warrant for his father’s cell phones where attorney-client privilege in their contents was asserted because the father was communicating with expert witnesses in his case. … Continue reading

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CA8: Merely asking for ID not a seizure

Merely asking for ID is not a seizure. “Officer Hotz’s conduct would not have communicated to a reasonable person that he could not leave. Officer Hotz was alone, she did not display a weapon, she did not touch the defendants, … Continue reading

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Cal.2: Either RS or PC required for order to put hands on hood of police car

There was neither probable cause nor reasonable suspicion to order defendant to put his hands on the hood of the police car, and it was a seizure without justification. “We conclude that there was neither probable cause to arrest appellant … Continue reading

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