Defendant\u2019s description was close to that of a person suspected of a disturbance at a store, and that justified his stop. There was, however, no reasonable suspicion or probable cause to believe that defendant was jaywalking when he was stopped. \u201cOfficers who witness an individual violating the law, even if it is a simple misdemeanor or municipal ordinance violation, are permitted under Terry to detain that individual, even if it is to just to warn that individual that such conduct is in violation of the law. United States v. Banks, 553 F.3d 1101, 1104 (8th Cir. 2009).\u201d Where the motion to suppress only attacked the stop and not the frisk, the frisk was not considered. United States v. Alberty, 2016 U.S. Dist. LEXIS 45237 (W.D.Mo. April 4, 2016).<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s description was close to that of a person suspected of a disturbance at a store, and that justified his stop. There was, however, no reasonable suspicion or probable cause to believe that defendant was jaywalking when he was stopped. … Continue reading