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. Houston   8thCIR   10APR2019

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At 0100 three officers are dispatched to a neighborhood in Davenport, Iowa to respond to “shots fired” disturbance complaints. This neighborhood accounted for nearly a third of all shots fired calls for the preceding ten-month period. When they arrived, the officers spotted Houston with their flashlights.  Houston ran and did not stop when they commanded […]

Cases

United States v. Pope 8thCIR 10DEC2018

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At 0400 one cold January morning, Des Moines police were dispatched to respond to noise complaints at a hotel.  Upon arriving at the door of the offending unit, the officers heard loud music and smelled marijuana. When the door was opened, the officer saw about 30 people in the motel room.  The officer inquired as […]

Cases

United States v Polite 8thCIR 6DEC2018

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It was a chilly Halloween night in Omaha, Nebraska when at about 2230 police in an unmarked car were monitoring an apartment parking lot at the request of the manager.  The apartment complex was known for narcotics, firearms, and even homicides.  The officers observed a group of about 20 people in the parking lot.  The […]

Cases

United States v Reddick 8thCIR 30NOV2018

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Police responded to a domestic violence call involving an automobile.  Although the person sought had fled on foot, a crowd had gathered around the crime scene.  The defendant (Reddick) approached the crime scene with his hands in his pockets.  When told by one officer to stop approaching the vehicle he failed to follow instructions and […]

Cases

United States v Hester 3rdCIR 30NOV2018

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Police observed a car park illegally by a store that was known to them to be a narcotics distribution point.  The defendant in this case (Hester) was a passenger.  When the driver admitted it wasn’t her car and she had no license, the defendant offered to drive and went to get out of the car. […]

Cases

Foster v Hellawell 9thCIR 20NOV2018

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Officer Jeremy Hellawell was dispatched to investigate a 911 call from a citizen who reported that a man matching Ernest Foster’s description was walking toward a shopping plaza armed with a concealed handgun. As the incident unfolded, Hellawell approached Foster at the shopping plaza to investigate the report, Foster fled, and Hellawell ultimately shot Foster […]