Daily Archives: July 20, 2024

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

Posted in Ineffective assistance, Plain view, feel, smell, Reasonable suspicion, Stop and frisk | Comments Off on IL: Taking the keys to a car can still be only a Terry seizure, not an arrest

NY2: Stopping car for flashing headlights was properly taken as a possible distress call; but stop was excessive

Defendant’s flashing his high beams at a patrol car was legitimately taken as a likely distress call, but the state failed to prove there was any distress, so the continued questioning was unreasonable. People v. Serrano, 2024 NY Slip Op … Continue reading

Posted in Digital Searches, Good faith exception, Particularity, Plain view, feel, smell | Comments Off on NY2: Stopping car for flashing headlights was properly taken as a possible distress call; but stop was excessive