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Officer's 45 minute wait to frisk for "officer safety" was unreasonable on this record

By John Wesley Hall, Jr.

Defendant was held for 45 minutes before the officer decides to pat him down for "officer safety." The patdown was unjustified and without probable cause, either. United States v. Moore, 2008 U.S. Dist. LEXIS 94408 (E.D. Tenn. November 19, 2008): In this case, whatever reasonable concern for his safety Officer Lewis could articulate at the beginning of the stop dissipated during the nearly forty-three minutes he allowed the defendant to sit in Ms. Moore's vehicle and stand along the roadside during the search of that vehicle. The court finds that Officer Lewis's attempt to search the defendant's person was not related to any concern for "officer safety" and the search cannot be justified as a patdown for weapons. The consenter had apparent authority as to the officers because she repeatedly claimed to be the owner of the property, and acted like she was...continue to full post

Full post as published by Fourth Amendment on November 24, 2008 (boomark / email).