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Information acquired from a stop cannot retroactively justify it

By John Wesley Hall, Jr.

Defendant was stopped and frisked because he matched the description of a trespasser. When he was seen, he was doing nothing wrong. His stop and frisk was unjustified. After acquired information from the defendant cannot justify the search. United States v. Hughes, 2008 U.S. App. LEXIS 4011 (8th Cir. February 25, 2008): The district court ruled that the frisk was justified because the officer became aware that Hughes was on supervision and affiliated with a gang. This information can support reasonable suspicion to frisk only if it were received before the frisk. As the timing of the computer check is "not clear," it cannot form the basis of reasonable suspicion. See Carter v. United States, 729 F.2d 935, 940 (8th Cir. 1984) (burden is on the government to justify warrantless search)...continue to full post

Full post as published by Fourth Amendment on February 26, 2008 (boomark / email).