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 here lacked probable cause for defendant’s arrest. (Decided under Fourth Amendment, not the state constitution which was not argued.) State v. Cabrera, 321 Or. App. 382 (Aug. 10, 2022).*

There was no true exigency for dispensing with an electronic warrant which was available to the officer. State v. Martin, 321 Or. App. 361 (Aug. 10, 2022).*

Plaintiff showed enough to get over qualified immunity on her excessive force claim. Shumate v. City of Adrian, 2022 U.S. App. LEXIS 22093 (6th Cir. Aug. 10, 2022).*

This entry was posted in Arrest or entry on arrest, Emergency / exigency, Overseizure, Qualified immunity, Stop and frisk. Bookmark the permalink.

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