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Criminal Law

: Fourth Amendment

CA6: Officer lacked reasonable suspicion for stop, and trial court's finding of fact was clearly erroneous

By John Wesley Hall, Jr.

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Officer lacked reasonable suspicion for stop, and trial court's finding of fact was clearly erroneous. The fact he left a drug house and had handed something to another alone was not reasonable suspicion. United States v. Blair, Nos. 06-6036/6037 (6th Cir. May 2, 2008): a. Terry Stop Based on Time, Area, and Known Drug House The question remains whether the late hour and high-crime area justify a Terry stop. We hold they do not. That a given locale is well known for criminal activity will not by itself justify a Terry stop, although it may be taken into account with other factors. Martin, 289 F.3d at 397 (citing Wardlow, 528 U.S. at 123). The only other factor to consider here is that the stop occurred at night. A late hour can contribute to reasonable suspicion; however, our cases so holding typically involve a much later hour than that involved here...continue to full post

Full post as published by Fourth Amendment on May 02, 2008 (boomark / email).

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