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FL4: Frisk of truant was without RS

By John Wesley Hall, Jr.

Defendant’s pat down as a stopped potential truant was invalid because it was conducted without reasonable suspicion he was armed. T.M. v. State, 2010 Fla. App. LEXIS 8181 (Fla. App. 4DCA June 9, 2010).* “Once defendant punched Officer Porras, any allegedly unlawful conduct in stopping and questioning defendant was attenuated by his calculated, aggressive and wholly distinct conduct ....” People v. Holland, 2010 NY Slip Op 4922, 2010 N.Y. App. Div. LEXIS 4836 (1st Dept. June 10, 2010).* “We find that the officer’s suspicion that Trejo was tired or impaired [as a driver] is not sufficient to constitute a reasonable basis for the traffic stop.” [The state actually argued, apparently with a straight face, that the defendant had no standing to challenge a search of her person...continue to full post

Full post as published by Fourth Amendment on June 12, 2010 (boomark / email).