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Criminal Law

: Fourth Amendment

D.Kan.: Protective weapons search of clothing on front seat was reasonable of suspected bank robber

By John Wesley Hall, Jr.

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A protective weapons search of clothing on the front seat of a car stopped for two failures to signal of a person that the police had good reason to know was a suspect in bank robberies, but lacked probable cause, was still reasonable. United States v. Rogers, 2011 U.S. Dist. LEXIS 29377 (D. Kan. March 22, 2011).* “Moreover, the fact that Dawkins appeared to be attempting to flee gave the officers reasonable suspicion that he was armed and dangerous. The District Court found that the officers had a reasonable suspicion that Dawkins was armed and dangerous, particularly because he was in the company of a well known drug trafficker, who was known to carry weapons and to associate with individuals who carry weapons. In addition, B.L. had made threats against the police; specifically, against one of the arresting officers, Officer Sealock...continue to full post

Full post as published by Fourth Amendment on March 25, 2011 (boomark / email).

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