E.D.Tenn.: Stop and frisk can occur in front of one’s own home

Defendant was lawfully “stopped” after he stopped his car at his mother’s house. There is no prohibition against a stop in front of defendant’s own home, let alone his mother’s. See O’Malley v. City of Flint, 652 F.3d 662, 670 (6th Cir. 2011) (stop in defendant’s own driveway); see also Illinois v. McArthur, 531 U.S. 326, 335 (2001) (arrest in defendant’s own doorway). United States v. Wade, 2012 U.S. Dist. LEXIS 10498 (E.D. Tenn. January 30, 2012).*

Defendant’s parole search of his house was justified by reasonable suspicion where he was a shooting victim in his front yard and didn’t cooperate in the investigation, had numerous violations before, and a gun box without the gun was found outside the house. United States v. Lynch, 459 Fed. Appx. 147 (3d Cir. 2012) (unpublished).*

Defendant’s parole officer got a telephone call from an anonymous CI that gave information that defendant was engaged in drug dealing from his apartment. There was limited predictive information, but, at the scene, the officers saw nothing that corroborated what the informant was saying. They knocked at his door, got no answer, and entered with a passkey. The motion to suppress was granted for lack of reasonable suspicion of criminal activity despite the CI’s story. United States v. Perminter, 2012 U.S. Dist. LEXIS 10836 (W.D. Pa. January 30, 2012).*