Cases

Clark v. Clark 8thCIR 13JUN2019

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A principal of a school calls 911 and reports gunshots coming from the direction of nearby woods. Two deputies arrive at a rest area 150 yards from the school to find a person there (Clark) talking on his phone.  Clark voluntarily gave the officers his driver’s license, retired military ID, and concealed carry permit. When […]

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

U.S. v. Belakhdhar 6thCIR 28MAY2019

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Issue: Does driving in tandem with a vehicle suspected of drug trafficking satisfy reasonable suspicion to allow for a Terry Stop of that vehicle? Work with a reliable confidential informant led DEA agents to believe occupants of a specific Toyota Camry were involved in drug trafficking on I-94.  While conducting surveillance on the Camry, agents […]

Cases

United States v. Babcock 11thCIR 23May2019

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In this case, police in Stuart, Florida were notified that there was a domestic disturbance taking place in a camper parked at the residence of the defendant (Babcock). Officers were told that a female could be heard yelling “Stop, stop, stop.” Deputy Olson responded to the disturbance call. When Olson arrived, she knocked on the […]

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

United States v. Pyles 6thCIR 17SEP2018

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In this case, Trooper Ramsey of the Kentucky State Police noticed a car doing 63 in a 70 mph zone. He ran the plates and discovered the registered owner had a warrant for her arrest. He pulled the vehicle over and when approaching the car he saw Pyles stuffing something under a pile of clothes […]

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. Street 7thCIR 01MAR2019

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The defendant in this case argued the officers who stopped him did so only because of his race. The court disagreed, holding that the defendant was “one of only a handful” of African Americans at the scene shortly after the crime occurred and the perpetrators had been described as African Americans. There was a host […]

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 […]