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Criminal Law

: Fourth Amendment

CA6: Grabbing defendant's arm as he reached in pocket was reasonble

By John Wesley Hall, Jr.

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Grabbing defendant’s arm when he reached into his pocket after having gotten out of his car at the officer’s direction was reasonable. United States v. Street, 2010 U.S. App. LEXIS 15264, 2010 FED App. 0216P (6th Cir. July 23, 2010).* Defendant’s stop was objectively reasonable for a partially obscured license plate, and the officer’s other reasons for the stop were not pertinent. The officer had objective probable cause to arrest defendant for car theft. United States v. Boyd, 2010 U.S. App. LEXIS 15330 (11th Cir. July 26, 2010) (unpublished).* Defendant failed to stop at a weigh station, so his stop was valid. After the officer looked at his paperwork and issued a ticket for the failure to stop and warnings for other infractions, he told defendant he could go...continue to full post

Full post as published by Fourth Amendment on July 29, 2010 (boomark / email).

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