Tag Archives: Pat-Down

Criminal Practice – Search & Seizure – Pat-Down – Expectation of Privacy – Front Porch – Drug Deals Observed — Gun in Pocket – Smell of Marijuana (access required)

State v. Robinson Although defendant was sitting on an apartment porch when police tried to search him, since he did not live in the apartment or even in the apartment complex, and since there is no evidence he was an overnight guest or had a connection to the premises or the apartment tenant, defendant failed to show he had a reasonable expectation of privacy on the porch.

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Criminal Practice – Search & Seizure – Pat Down – Reasonable Suspicion -Suspected Stalker (access required)

U.S. v. Glover Police who observed defendant at 4:40 a.m. near a gas station that had been robbed previously, in an area outside surveillance-camera range, apparently stalking the gas-station attendant, had reasonable suspicion to perform a stop-and-frisk, and the 4th Circuit upholds the pat down, admission of the gun in defendant’s pocket and his conviction for possession of a firearm as a felon.

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Criminal Practice – Search & Seizure – Anonymous Tip – ‘Shots Fired’ – High Crime Neighborhood – ‘Nervous’ Man – Pat-Down — Unreasonable (access required)

U.S. v. Massenburg Police officers responding to an anonymous tip about “shots fired” in a high-crime neighborhood, who saw four young men several blocks from the reported gunfire, did not have reasonable, particularized suspicion to conduct a pat-down of one of the young men who appeared nervous and refused consent to search; the 4th Circuit reverses defendant’s conviction on marijuana and firearm charges.

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