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Shining flashlight into car revealing gun after frisk of person standing next to it was valid

By John Wesley Hall, Jr.

Officers responded to a shots fired call, and they defendant standing with a group in a high crime area leaning against a car with tinted windows. They directed the people to show their hands, which defendant refused. He was handcuffed, frisked, and nothing was found. He was unhandcuffed, and the officer used his flashlight to look in the car, seeing a gun sticking out from under the seat. The use of the flashlight was lawful. District Court's suppression order was valid. United States v. Tyson, 2009 U.S. App. LEXIS 1232 (3d Cir. January 22, 2009) (unpublished). A knock-and-talk resulted in an alleged consent search of defendant's hotel room. The trial court applied the wrong standard of review on whether a "founded suspicion" was required...continue to full post

Full post as published by Fourth Amendment on January 27, 2009 (boomark / email).