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Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed
Loaded on Nov. 1, 2023
by Anthony Accurso
published in Criminal Legal News
November, 2023, page 32
Filed under:
Reasonable Suspicion,
Arrest - Search Incident to,
Suppression of Identity Evidence.
Location:
Virginia.
by Anthony W. Accurso
The U.S. Court of Appeals for the Fourth Circuit held a district court erred in denying a defendant’s suppression motion regarding an unreasonable seizure and search, finding he was not required to prove he was unarmed.
Anthony Eugene Peters and Gary Garrison were walking in ...
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More from this issue:
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- People of Maine at Forefront of Battle to Keep Government Security Apparatus in Check, by Douglas Ankney
- A Nation of Snitches: DHS Is Grooming Americans to Report on Each Other, by Nisha Whitehead, John W. Whitehead
- Montana Supreme Court: Retroactive Application of Montana’s Sex Offender Registration Law, as Amended Since 2007, Violates Ex Post Facto Clause of State Constitution, by Douglas Ankney
- Checking In With Community Supervision, by Anthony Accurso
- New Jersey Takes First Steps in Eliminating Public Defender Fees, by Jordan Arizmendi
- Ninth Circuit: Younger Abstention Doctrine Inapplicable Where Habeas Petitioner Seeks Stay While § 1172.6 Petition in State Court Being Litigated and Petitioner Entitled to Stay of Habeas Proceedings While State Petition Pending, by Douglas Ankney
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- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, by Richard Resch
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- 10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm, by Anthony Accurso
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- Fourth Circuit: Evidence Suppressed Where Officers Seized Defendant Without Reasonable Suspicion and Forced Him to Prove He Was Not Armed, by Anthony Accurso
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More from Anthony Accurso:
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- Tech Monopolies Prevent Effective Privacy Laws in the U.S., May 15, 2024
- Police Body Cameras, A Decade Later, May 15, 2024
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, April 15, 2024
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, April 15, 2024
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024
More from these topics:
- AI Disrupts Established Forensic Fingerprint Analysis—Not Every Fingerprint Is Unique, April 15, 2024. Reviews, Fingerprint Evidence, Suppression of Identity Evidence, Latent Fingerprint Evidence.
- North Carolina Supreme Court: Outstanding Warrant for Driver Who Fled Accident Scene Does Not Authorize Inventory Search of Disabled Vehicle, March 15, 2024. Automobile Exception, Searches - Inventory, Automobile Searches/Seizures, Immediate Control, Searches - Automobile, Arrest - Search Incident to, Illegal Search.
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023. Frisks after an initial stop, Reasonable Suspicion, Suppression.
- New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home, Aug. 15, 2022. Warrantless Searches, Arrest - Search Incident to.
- Iowa Supreme Court: Warrantless Entry Into Home for Misdemeanor Arrest Violates Both U.S. and Iowa Constitutions and Requires Suppression of Evidence, July 15, 2022. Warrantless Searches, Suppression of Identity Evidence.
- Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, Jan. 15, 2021. Arrest Warrants, Reasonable Suspicion.
- Abidor v. Napolitano, No. 10-CV-4059 (ERK) (JMA) (E.D.N.Y.) (990 F.Supp.2d 260) (December 31, 2013) (Judge Edward R. Korman), Jan. 20, 2014. Punch And Jurists, Reasonable Suspicion.
- U.S. v. Cotterman, No. 09-10139 (9th Cir.) (709 F.3d 952) (March 8, 2013) (Judge M. Margaret McKeown), March 18, 2013. Punch And Jurists, Reasonable Suspicion.
- U.S. v. Lucky, No. 08-1939-cr (2nd Cir.) (569 F.3d 101) (June 19, 2009) (Judge Guido Calabresi), July 1, 2009. Punch And Jurists, Reasonable Suspicion.
- I.N.S. v. Lopez-Mendoza, No. 83-491 (U.S. Supreme Court) (468 U.S. 1032; 104 S.Ct. 3479) (July 5, 1984) (Justice O'Connor), May 14, 2009. Punch And Jurists, Suppression of Identity Evidence.