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E.D.Mich.: Radio traffic showed no reasonable suspicion for stop

By John Wesley Hall, Jr.

The radio traffic between the on-the-scene officer and his supervisor showed that defendant was committing no crime and there was no reasonable belief that defendant was in possession of a gun. United States v. Martin, 2011 U.S. Dist. LEXIS 8281 (E.D. Mich. January 28, 2011).* The officer had cause for stopping defendant. 911 received a shooting call describing an African-American male with braids and a blue or black hoodie. Arriving five minutes later, the officer saw one man matching that description. United States v. Varner, 2010 U.S. Dist. LEXIS 140542 (D. Minn. December 21, 2010).* Defendant as stopped for a traffic offense and was nervous and had engaged in furtive movements in the car. He had a drug record, too. This justified the officer asking for consent to search for drugs, which defendant gave...continue to full post

Full post as published by Fourth Amendment on February 01, 2011 (boomark / email).