Cases

WILSON V LAMP 8thCIR 28AUG2018

This was a civil suit under 42 U.S.C. 1983 for Fourth Amendment violations as a result of a traffic stop that led to a patdown frisk at gunpoint.  LEOs had a reasonable suspicion of criminal activity (child molestation fugitive) to stop a truck.  Furthermore, officers had a reasonable suspicion that plaintiff was presently armed and dangerous so frisk was lawful. Furthermore, the frisk of other passenger in vehicle was reasonable under concept of “common enterprise.”