CA8: Being a passenger in a stolen vehicle justifies a patdown for weapons

Defendant’s riding in a stolen car permits a patdown. “Further, to the extent Brooks argues questioning occurred before the frisk and exceeded the permissible scope of a Terry stop, we conclude that the officers were not required to give Miranda warnings prior to asking Brooks if he had a weapon.” United States v. Brooks, 2020 U.S. App. LEXIS 39628 (8th Cir. Dec. 17, 2020).

A 911 call reporting witnessing shots fired from a particularly described vehicle is a sufficient emergency to justify a stop, following Robinson v. Howes, 663 F.3d 819 (6th Cir. 2011), United States v. Jones, 2020 U.S. Dist. LEXIS 237280 (E.D. Mich. Dec. 17, 2020).

The USMJ did not apply complete deference to the affidavit for the search warrant because she considered the Franks issue, too, in rejecting the challenge. United States v. Knox, 2020 U.S. Dist. LEXIS 237510 (E.D. Tenn. Dec. 17, 2020).*

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