Tag: Terry Stop

United States v. McCants 3rdCIR 18DEC2018

United States v. McCants 3rdCIR 18DEC2018

A woman dials 911 and tells the dispatcher that a man with braided hair wearing a red hat is beating up his girlfriend and is about to kill her. The woman also states she thinks the man has a gun.  She provides the location and then she hangs up.  Police were in the area and …

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United States v. Pope 8thCIR 10DEC2018

United States v. Pope 8thCIR 10DEC2018

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 …

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United States v Polite 8thCIR 6DEC2018

United States v Polite 8thCIR 6DEC2018

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 …

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United States v Reddick 8thCIR 30NOV2018

United States v Reddick 8thCIR 30NOV2018

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 …

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United States v Hester 3rdCIR 30NOV2018

United States v Hester 3rdCIR 30NOV2018

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. …

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Foster v Hellawell 9thCIR 20NOV2018

Foster v Hellawell 9thCIR 20NOV2018

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 …

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The Case of the Frisky Bullet

The Case of the Frisky Bullet

BB2018-12 United States v. Johnson, 11th Cir. March 2018 This case involves the response to a 911 call reporting a burglary that results in a Terry Stop, a Terry Frisk, the retrieval of one round of ammunition and a holster, and the search for the firearm to which they belong.  Bruce lines up the Fourth …

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U.S. v Daniel – 8th Circuit (4APR2018)

U.S. v Daniel – 8th Circuit (4APR2018)

A store clerk at St. Joe’s General Store called 911 and described the gender and race of a person (black male) who robbed her at gunpoint and described the make, model and color of the automobile that was the getaway vehicle (white Chevrolet Suburban). Shortly thereafter, Perry County Sheriff’s Deputy Rusty Farrar responded to the call. …

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The Case of the Rasberry Jam

The Case of the Rasberry Jam

In this audio recording of Bruce’s Brownbag Wednesday Webinar 2018-07, Bruce discusses the legal aspects of US v. Rasberry. This case is from the First Circuit and was released in February 2018. KEY PHRASES: Consent to Search Terry Stop Terry Frisk Arrest Search Incident to Arrest KEY CASES: Terry v. Ohio, 392 U.S. 1 (1968) …

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