Cases

United States v. Adair 7thCIR 3JUN2019

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An identified 911 caller reports that a group of individuals are engaged in “very suspicious activity” and further reports she saw a short black male with a hoodie with a black gun in his front pocket. Officer Squires, a veteran Bloomington police officer, responded and saw Adair, who was relatively short and was the only […]

Cases

U.S. v. Brown 9thCIR 5JUN2019

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Police officers received a 911 call indicating that an unidentified resident of the YMCA reported that a black man was carrying a gun in Seattle, Washington. This is not a criminal act in the state of Washington.  The officers saw Brown, who was walking, and they activated their lights and pursued him. Brown ran for […]

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 […]