Category Archives: Stop and frisk

MD: When asked if def “minded” to consent to a frisk, he consented

Defendant was stopped for a traffic offense, and the officer asked about whether he was armed and whether he “minded” to consent to a frisk. He argued that he had no choice but to answer, but he did have a … Continue reading

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CA6: Mandamus doesn’t lie to force grant of a motion to suppress

Mandamus doesn’t lie to compel a district court to grant a motion to suppress and dismiss an indictment because of an alleged change in the dates of the charge to cover up an illegal search. There’s a possible remedy in … Continue reading

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NYT: The Persistent Problem of Stop and Frisk

NYT: The Persistent Problem of Stop and Frisk by Shayla Colon (“New York Police Department supervisors failed to rein in unlawful stops, frisks and searches by anti-crime units in 2023, a monitor said in a new report.”)

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D.Minn.: That officers could have been more careful and detailed in monitoring the CI doesn’t show a lack of PC

“Mr. Turner is correct that the use of a CRI during drug investigations is common. Moreover, the Court does not disagree that officers could have taken additional steps to yield an even higher degree of confidence that Mr. Turner was … Continue reading

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OH3: Going right into pockets was an invalid frisk

The state failed to prove the necessity for a stop and frisk because the video shows the officer going right into defendant’s pockets and not frisking. State v. Barnes, 2024-Ohio-5865, 2024 Ohio App. LEXIS 4519 (3d Dist. Dec. 16, 2024). … Continue reading

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MI: Leatherman tool on belt could be considered weapon for frisk

Defendant was well-known to be a meth abuser, and when he was stopped for a traffic offense and had a Leatherman tool on him, that could be considered usable as a weapon. People v. Babcock, 2024 Mich. App. LEXIS 9506 … Continue reading

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Leftovers

2255 petitioner fails to show grounds for a CoA from his search claims, without telling us the rationale. United States v. Renteria, 2024 U.S. App. LEXIS 30239 (5th Cir. Nov. 26, 2024).* Defendant’s stop and frisk was without reasonable suspicion. … Continue reading

Posted in § 1983 / Bivens, Cell phones, Informant hearsay, Reasonable suspicion, Reasonableness, Stop and frisk, Strip search | Comments Off on Leftovers

CA7: 13 months of pole camera surveillance was not unreasonable

Thirteen months of pole camera surveillance of the public areas outside defendant’s home were reasonable under United States v. Tuggle, 4 F.4th 505, 511 (7th Cir. 2021), and the court declines to reconsider that case. The officers saw no more … Continue reading

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N.D.Cal.: Second frisk at scene of SW was still with RS

Defendant was frisked a second time during execution of a search warrant, and a gun was found. The second frisker didn’t know about the first. There was still reasonable suspicion for a frisk that he was armed and dangerous. United … Continue reading

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D.S.D.: Resistance to a frisk can help justify it

Aside from there being a basis for a frisk, defendant’s resistance to it justified it under circuit precedent. United States v. Gatnoor, 2024 U.S. Dist. LEXIS 191729 (D.S.D. Oct. 18, 2024). “We agree that, on this record, Burks failed to … Continue reading

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NYT: N.Y.P.D. Unwilling to Discipline Officers for Stop and Frisk, Report Says

NYT: N.Y.P.D. Unwilling to Discipline Officers for Stop and Frisk, Report Says by Benjamin Weiser & Maria Cramer (“The department’s discipline for illegal street detentions is lax at every level, according to an extraordinary review ordered by a federal judge.”) … Continue reading

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MD: No fixed distance for SI; here, handcuffed def’s coat

Officers entered with an arrest warrant and found defendant in bed. He was handcuffed. Getting his clothing to dress him, a gun was found in a coat. This was valid as a search incident, despite his being handcuffed. Also, there … Continue reading

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IL: Taking the keys to a car can still be only a Terry seizure, not an arrest

Taking the keys to a car can still be only a Terry seizure, not an arrest. Reasonable suspicion not decided below, so remanded. People v. Pellegrino, 2024 IL App (2d) 230343, 2024 Ill. App. LEXIS 1675 (July 18, 2024). Defendant’s … Continue reading

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D.Md.: Asking a person to be frisked what’s on him can’t be used to justify the frisk

Asking a person about whether he has anything on him about sharp objects is reasonable and related to the frisk. Any admission cannot, however, be used to justify the frisk. United States v. Freeman, 2024 U.S. Dist. LEXIS 123297 (D. … Continue reading

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CA5: Exigency is measured objectively, not subjectively

“Borden argues the officers’ actions indicate they did not actually think a medical emergency existed, but their subjective beliefs are irrelevant. See Toussaint, 838 F.3d at 509. Given the totality of the circumstances, a reasonable view of the evidence supports … Continue reading

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E.D.Mo.: Protective sweep permissible even after def removed from premises

A protective sweep is for persons, and it is reasonable to conduct one after defendant was removed from the premises. United States v. Spann, 2024 U.S. Dist. LEXIS 105082 (E.D. Mo. Apr. 15, 2024),* adopted, 2024 U.S. Dist. LEXIS 104446 … Continue reading

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E.D.Pa.: “Furtive movements can support reasonable suspicion that an individual is armed, justifying a frisk.”

“Furtive movements can support reasonable suspicion that an individual is armed, justifying a frisk. Moorefield, 111 F.3d at 14. An officer ‘need not be absolutely certain’ that movements are an attempt to ‘hide narcotics or a firearm’ for ‘the issue … Continue reading

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E.D.Cal.: Change in facts after SW application emailed to USMJ but before signing wasn’t material or knowing false statement

There was no Franks violation where the government emailed to the USMJ the search warrant request where defendant was arranging to meet an officer in a sting operation before defendant called off the meeting. This change wasn’t material to the … Continue reading

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D.D.C.: Here, RS was thin, and frisking under jacket was unreasonable

The reasonable suspicion here is thin at best, but, even if there was enough for a stop, there wasn’t for a frisk. Going under defendant’s “jacket to feel his waist and groin area” was unreasonable because there wasn’t suspicion he … Continue reading

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CA: Avoiding the police in a high crime area isn’t RS

Defendant’s avoiding the police and not wanting to interact with them did not rise to reasonable suspicion, even in a high crime area. The officers before the trial court didn’t articulate enough to show there was reasonable suspicion here. People … Continue reading

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