terry v. ohio
-
Divided 10th Circuit takes no issue with surprise police encounter with suspect
Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
-
Federal judge bars gun evidence in criminal case due to Denver police’s unconstitutional search
A federal judge last week barred the government from using evidence from a man’s backpack in his prosecution for illegally possessing a weapon, following a Denver police officer’s unconstitutional search. The Fourth Amendment’s prohibition against unreasonable searches and seizures requires that law enforcement obtain a warrant or rely on a specific exception to the warrant…
-
Federal judge bars gun evidence in criminal case due to Denver police’s unconstitutional search
A federal judge last week barred the government from using evidence from a man’s backpack in his prosecution for illegally possessing a weapon, following a Denver police officer’s unconstitutional search. The Fourth Amendment’s prohibition against unreasonable searches and seizures requires that law enforcement obtain a warrant or rely on a specific exception to the warrant…
-
Appeals court finds Adams County deputy performed illegal pat-down search, reverses drug conviction
An Adams County sheriff’s deputy caught Marvin Clever jaywalking late one night and stopped him. Clever indicated he would be more careful in the future. But after talking for a few minutes more, Deputy Steffen Hileman decided to search Clever for weapons, ultimately discovering methamphetamine. A jury convicted Clever of drug possession and a judge…