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Article • August 15, 2021 • from CLN September, 2021
Ninth Circuit: Directly Searching Inside Detainee’s Pocket Not a Valid Terry Frisk for Weapons by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Ninth Circuit held that police exceeded their authority to search for weapons under Terry when they directly searched the inside pocket of …
Article • May 15, 2021 • from CLN June, 2021
Filed under: Suspicionless Searches
Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a second handshake that was “more deliberate” and longer …
Article • April 15, 2021 • from CLN May, 2021
Fourth Circuit: Police Request for ID Outside Valid Terry Stop Unconstitutional by Anthony Accurso by Anthony Accurso U.S. Court of Appeals for the Fourth Circuit held officers lacked probable cause to arrest a motorist who failed to provide identification when officers stopped to help with car trouble. On April 25, …
Article • March 15, 2021 • from CLN April, 2021
Maryland Court of Appeals: MTA’s Fare Sweep Constitutes Suspicionless Seizure in Violation of Fourth Amendment by Douglas Ankney by Douglas Ankney The Court of Appeals of Maryland affirmed a decision of the Court of Special Appeals (“COSA”) that held police officers from the Maryland Transit Administration (“MTA”) violated Kennard Carter’s …
Article • January 15, 2021 • from CLN February, 2021
Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit reversed a defendant’s conviction for possessing a firearm after determining officers lacked reasonable suspicion to stop and search him. Raymond L. …
Article • January 15, 2021 • from CLN February, 2021
Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that a law enforcement officer lacked reasonable suspicion of illegality when he initiated a traffic stop of a commercial vehicle based solely …
Article • November 15, 2020 • from CLN December, 2020
Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Second Circuit reversed a lower court order denying defendant’s evidence suppression motion on the grounds that a photo, which provided very little identifying …
Article • October 21, 2020
$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case by Mark Wilson by Mark Wilson  On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 …
Article • October 15, 2020 • from CLN November, 2020
Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the passage of eight months from the time of the unlawful seizure of Nikolay P. Bocharnikov until he gave his …
Article • October 5, 2020
$90,042.12 Awarded in Fees and Costs in Seattle Terry Stop Case by Mark Wilson by Mark Wilson On August 4, 2011, a federal court in Washington state granted attorneys’ fees and costs on a Plaintiff’s Terry stop verdict. Yet the court reduced the $418,000 fee award request to just $90,042.12 …
Publication • January 1, 2016
Thin Blue Lies-Pretextual Stops Undermine Police Legitimacy, Case Western Reserve Univeristy, 2016 Case Western Reserve Law Review Volume 66 | Issue 4 2016 Thin Blue Lies: How Pretextual Stops Undermine Police Legitimacy Jonathan Blanks Follow this and additional works at: http://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Jonathan Blanks, …
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