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Tag Archives: Reasonable Suspicion

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 – Traffic Stop – Passenger Pat-Down – Reasonable Suspicion (access required)

U.S. v. Powell Although a radio call alerted an officer to a passenger’s “priors” for armed robbery, that “caution” and the passenger’s misrepresentation about his driver’s license did not provide a reasonable suspicion the passenger was armed and dangerous and allow a pat down, a 4th Circuit panel majority holds; saying it has made the same point in three recent cases, the appellate court vacates defendant’s crack cocaine conviction.

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Criminal Practice – Search & Seizure – Reasonable Suspicion — Terry Stop – Known Drug Location (access required)

State v. Burgess Narcotics Investigator Lutz had reasonable suspicion to stop defendant: At the time Lutz activated his blue lights, he was aware the Hardee’s parking lot was a known meeting location for drug sales and had personal knowledge of frequent complaints of drug activity in the parking lot. Lutz observed a Jeep parked at the back of the parking lot. Its occupants were not eating and appeared to be waiting for someone. Lutz observed defendant enter the parking lot and park haphazardly. The passenger from the Jeep entered the rear passenger seat of defendant’s car with his hand extended while defendant looked in his direction.

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