Cases

US v Richmond 7thCIR 13 MAY 2019

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Around midnight in Oct 2016 two officers in a marked patrol car were driving in the Capitol Street Corridor section of Milwaukee. This is a high crime area known for drugs and armed robberies and gin violence. As they drove through an intersection, they saw Richmond walking towards their direction on the sidewalk. He had […]

Cases

United States v Fiseku 2ndCIR 4OCT2018

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The use of handcuffs doesn’t necessarily turn a Terry Stop into a de facto arrest. The defendant and two other men were detained under a Terry Stop.  The officers told the men they were not under arrest and did not Mirandize them.  The officers then conducted a Terry Frisk and  handcuffed the men during the […]

Cases

US V SANTILLAN 2ndCIR 24AUG2018

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The defendant was prosecuted for various drug offenses as a result of evidence obtained during a traffic stop as well as statements made during the stop.  Specifically, the defendant argued that: the traffic stop was unreasonably prolonged to the point that it became a de facto arrest for which probable cause was lacking, that there […]

Cases

WILSON V LAMP 8thCIR 28AUG2018

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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 […]

Cases

United States v. Lozano 8thCIR 26FEB2019

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A suspicious activity report is called in, stating that “two black males” are walking around an apartment complex at 0118. An officer responded and parked his car 15-20 feet behind two males he sees in the parking lot. One is a Hispanic male and the other is a juvenile black male.  The officer approached the […]

Cases

King v. Allen 6thCIR 25FEB2019

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Law enforcement officers stopped a person believing him to be a person who had an active warrant. As it turns out, it is the wrong person. The encounter results in a physical altercation resulting in the suspect being taken to the emergency room. The person sued the officers for three Fourth Amendment violations: the investigative […]

Cases

United States v. Pope 8thCIR 10DEC2018

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Armed and Therefore Dangerous At 0400 police respond to a noise complaint at a Des Moines motel. When the police arrive they find 30 people in a motel room and no one claims to be the person who rented the room. The police also notice known gang members in the room. When ordered to leave […]

Cases

United States v. Ojudun 2ndCIR 08 FEB2019

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Reasonable Belief that a Person Has Authority The defendant, a convicted felon, was on supervised release when law enforcement officers stopped a vehicle in which he was a passenger.  Reasonable suspicion the occupants were involved in bank fraud led to a Terry Stop, the Terry Stop led to consent to search the vehicle, and the […]

Cases

United States v Vaccaro 7thCIR 7FEB2019

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Vaccaro was stopped for running a red light and as officers approached his car he rapidly and aggressively leaned over to the passenger seat and then over into the backseat area all within 5 seconds. The officers thought he was going for a weapon and ordered him out of the car at gunpoint and then […]

Cases

United States v. Sykes 8thCIR 30JAN2019

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A patron in a laundromat calls the police and says she found a loaded handgun magazine in a laundry basket. When police arrived, she informed them that at the time there were only two other men in the laundromat at the time she found the magazine and they were dressed in black and she pointed […]