Defendant was stopped on a bicycle with backpack and bedroll with another in New Hampshire by a CBP officer who suspected they\u2019d illegally crossed the border. They admitted they had. Suspecting they were involved with human smugglers, the officers searched defendant\u2019s computer looking on WhatsApp for information about smuggling, instead finding child pornography. This led to a further warrant. The search was valid as an extended border search. Every circuit and every other district in the First Circuit recognizes it. United States v. Garcia, 2025 U.S. Dist. LEXIS 121221 (D.N.H. June 26, 2025).<\/p>\n\n\n\n
\u201cIn sum, the Court holds that the brief interaction between when Detective Brandefine seized Mr. Rhodes and when Detective Brandefine discovered Mr. Rhodes’s gun was a Terry stop, not an arrest. While perhaps more intrusive than the average Terry stop, Detective Brandefine’s actions were a reasonable response to encountering an individual suspected of being armed, particularly given that the individual\u2014Mr. Rhodes\u2014was in a relatively small space with several innocent bystanders nearby.\u201d \u201cIn this case, Detective Vargas suspected that Mr. Rhodes was armed based on numerous factors, including his observation of Mr. Rhodes’s movements, his knowledge of Mr. Rhodes’s prior arrests, and his understanding that the intersection where he observed Mr. Rhodes was a high-crime area where the NYPD had investigated multiple shootings and recovered multiple guns. This suspicion was reasonable based on the detective’s training and experience as a police officer.\u201d United States v. Rhodes, 2025 U.S. Dist. LEXIS 121818 (S.D.N.Y. June 26, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant was stopped on a bicycle with backpack and bedroll with another in New Hampshire by a CBP officer who suspected they\u2019d illegally crossed the border. They admitted they had. Suspecting they were involved with human smugglers, the officers searched … Continue reading