IL: Officers executing SW lawfully seized gun in plain view

The trial court erred in suppressing evidence. The officers were lawfully on the premises with a warrant when a gun was seen in plain view. People v. Serrato, 2023 IL App (2d) 220100, 2023 Ill. App. LEXIS 3 (Jan. 6, 2023).*

Plaintiff didn’t state a civil claim for criminal assault in a jail, but he did for interference with legal mail, which wasn’t contested at this point. Johnson v. Ramsey Cty. ADC, 2023 U.S. Dist. LEXIS 2290 (D. Minn. Jan. 6, 2023).*

“The totality of circumstances supports the Terry stop. Despite Moss’s contention, Sharkey did not rely merely on Moss matching the ‘generic’ descriptions in the BOLO as a basis for stopping him. … Sharkey observed Moss’s behavior, the surrounding circumstances, and the BOLO to justify the stop. As Sharkey articulates, factors such as the time of day, number of people on the street, officers’ response time, Moss’s behavior, and the BOLO all were considerations before stopping Moss. Under the totality of circumstances, Sharkey could have formed a reasonable suspicion that Moss was the armed man chasing the woman down Riopelle Street.” United States v. Moss, 2023 U.S. Dist. LEXIS 2873 (E.D. Mich. Jan. 6, 2023).*

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