{"id":55219,"date":"2023-06-26T06:55:11","date_gmt":"2023-06-26T11:55:11","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55219"},"modified":"2023-06-26T06:55:11","modified_gmt":"2023-06-26T11:55:11","slug":"mi-terry-justified-this-search-and-seizure-not-plain-feel","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55219","title":{"rendered":"MI: Terry<\/em> justified this search and seizure, not plain feel"},"content":{"rendered":"\n

The court of appeals erred in not applying Terry to this frisk inside defendant\u2019s coat, instead relying on plain feel. Remanded. People v. Turner<\/a>, 2023 Mich. LEXIS 937 (June 21, 2023).<\/p>\n\n\n\n

\u201cHere, the warrant specifically identified the offenses for which probable cause had been established, described the place to be searched, and included an illustrative list of items to be seized in relation to the designated crimes. This illustrative list \u2014 which was subject to a temporal limitation and which specifically identified the companies at the core of the government’s investigation, other individuals suspected of being involved in the scheme, and several specific categories of relevant documents \u2014 provided meaningful guidance for the officers executing the search as to render the warrant sufficiently \u2018particularized.\u2019\u201d United States v. Discala, 2023 U.S. App. LEXIS 15636 (2d Cir. June 22, 2023).*<\/p>\n\n\n\n

Plaintiff\u2019s complaint against the search and seizure that led to his indictment states no facts. That\u2019s reason enough to dismiss it, but the court also finds it all barred by Heck v. Humphrey. Daniels v. Dist., 2023 U.S. App. LEXIS 15644 (10th Cir. June 22, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The court of appeals erred in not applying Terry to this frisk inside defendant\u2019s coat, instead relying on plain feel. Remanded. People v. Turner, 2023 Mich. LEXIS 937 (June 21, 2023). \u201cHere, the warrant specifically identified the offenses for which … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[126,65,51,4],"tags":[],"class_list":["post-55219","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-particularity","category-plain-view","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55219","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55219"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55219\/revisions"}],"predecessor-version":[{"id":55220,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55219\/revisions\/55220"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55219"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55219"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55219"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}