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S.D.W.Va.: Any suspicion was dispelled before officer grabbed defendant for dropping arm to side; seizure was unreasonable

By John Wesley Hall, Jr.

Defendant was stopped on a bicycle after he was observed near a computer report to a police car of a crime. He fit the description. After the stop, it was apparent that he was not doing anything wrong, and the suspicion for the stop was dispelled. when defendant dropped his arm to his side, the officer grabbed his arm and put it behind his back because the officer claimed to fear a weapon. Cocaine was found. The seizure was unjustified, and the motion to suppress is granted. United States v. Veltri, 2008 U.S. Dist. LEXIS 97897 (S.D. W.Va. December 2, 2008).* Statement in affidavit that vehicle was "Hine's vehicle" is not a false statement that he owned it because it could mean a way of describing the vehicle. In any event, ownership is immaterial here...continue to full post

Full post as published by Fourth Amendment on December 06, 2008 (boomark / email).