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Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search
Loaded on Feb. 15, 2024
by Anthony Accurso
published in Criminal Legal News
February, 2024, page 36
Filed under:
Terry Stops,
Pat Down Searches,
No Suspicion of a Crime,
Suspicionless Searches,
Anonymous 911 Call.
Location:
West Virginia.
by Anthony W. Accurso
The U.S. Court of Appeals for the Fourth Circuit overruled the U.S. District Court for the Northern District of West Virginia’s denial of a defendant’s suppression motion, ruling that police lacked reasonable suspicion to detain him based on the tip that he was acting suspiciously and ...
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More from this issue:
- Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, by Anthony Accurso
- Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, by Anthony Accurso
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, by Douglas Ankney
- Tales From the ‘Tails’ of Bloodstains, by Douglas Ankney
- New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location, by Anthony Accurso
- New Night-Vision Capable Drone Marketed to Police, by Anthony Accurso
- Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’, by Douglas Ankney
- Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, by Anthony Accurso
- NYPD Has Spent Millions of Dollars on Social Media Analysis Tools, by Jo Ellen Nott
- New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law, by David Reutter
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, by David Reutter
- FBI Works to Expand Court Authority for Its Offensive Cyber Operations, by Anthony Accurso
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, by Anthony Accurso
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, by Douglas Ankney
- Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting, by Jo Ellen Nott
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, by Douglas Ankney
- The Problem with Some Non-Carceral Punishments, by Carlo Difundo
- Researchers Find Fiber Evidence Lasts Longer Underwater Than Previously Thought, by Jo Ellen Nott
- Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments, by Jo Ellen Nott
- After Ohio Becomes 24th State to Legalize Recreational Marijuana, What Next?, by Jordan Arizmendi
- DHS Allows CBP and ICE Officers to Create Fake Social Media Profiles to Track Subjects of Interest and Conduct Investigations, by Jo Ellen Nott
- Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search, by Anthony Accurso
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, by Jo Ellen Nott
- DEA’s Domestic Surveillance Mission Creep: Beyond Drugs, Beyond Protests, by Jo Ellen Nott
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, by Douglas Ankney
- The Potential Privacy Threat of Generative AI, by Michael Thompson
- Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply, by Anthony Accurso
- Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective, by Douglas Ankney
- Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment, by Douglas Ankney
- Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, by Matthew Clarke
- Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment, by Anthony Accurso
- Steady Improvement in Techniques for the Analysis of Degraded DNA, by Douglas Ankney
- Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, by Matthew Clarke
- Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended, by Douglas Ankney
- Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror, by David Reutter
- Identification Via DNA, Fingerprints, and 3D Scanning of Footwear, by Douglas Ankney
- Vendors Late to Recognize the Serious Threat of Cell-Site Simulators, by Michael Thompson
- Car Culture Dramatically Increases Number of Cop Confrontations, by Matthew Clarke
- News in Brief
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- Illinois Sheriff Resigns After Deputy Fatally Shoots 911 Caller, Jan. 15, 2025. Shootings, Anonymous 911 Call.
- Rhode Island Supreme Court: Officer Lacked Reasonable Suspicion for Terry Stop Based on Unsubstantiated, Anonymous Tip, Dec. 1, 2024. Scope of Permissible Searches, Suspicionless Searches.
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, Nov. 1, 2024. Traffic Stops, Terry Stops.
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, Aug. 1, 2024. Fourth Amendment, rights, Suspicionless Searches.
- SCOTUS Announces Existence of Probable Cause for One Charge in Criminal Proceeding Does Not Categorically Defeat Fourth Amendment Malicious-Prosecution Claim Relating to Another Baseless Charge, Aug. 1, 2024. Probable/Proximate Cause, False Arrrest/Malicious Prosecution, Terry Stops.
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024. Contractor Misconduct, Police Misconduct, Police, Terry Stops, Suspicionless Searches.
- 911 Call Analysis Debunked as Pseudoscience – But It Helped Send Many to Prison, March 16, 2023. junk science, Anonymous 911 Call.
- It’s Time for Jaywalking Laws to Take a Hike, March 16, 2023. Racial Discrimination, Settlements, Terry Stops.
- Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, Jan. 15, 2023. Procedural Default/Error, Terry Stops.
- Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed, Dec. 15, 2022. Felon in Possession Statute, Suppression of Evidence, Pat Down Searches.