Where the officer stood defendant up and turned him around, defendant was seized. Going directly into defendant’s pockets to search exceeded the power of a frisk. United States v. Brown, 2021 U.S. App. LEXIS 14015 (9th Cir. May 12, 2021).
Probable cause for the warrant existed, but if it didn’t, the good faith exception applies. United States v. Bridges, 2021 U.S. Dist. LEXIS 89537 (N.D. Iowa Apr. 1, 2021).*
“Based on the information obtained during the stop, including the comparison of the car and suspects to information about the robbery at the TCF Bank in Homewood and information obtained from the bank employees, the officers had a particularized and objective basis for suspecting that McKinney was involved in criminal activity. … The arresting officers had information that provided more than a bare suspicion that McKinney was involved in bank robbery. The Court recommends that the District Court conclude that there was probable cause to arrest McKinney.” “The Government has shown by the preponderance of the evidence that McKinney’s consent to search his phone was freely and voluntarily given. The Court recommends that the request to suppress evidence obtained from the phone be denied.” United States v. McKinney, 2021 U.S. Dist. LEXIS 89538 (N.D. Ind. Apr. 23, 2021).*