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Criminal Law

: Fourth Amendment

IN: "Police spotter's" report juvenile was flashing a gun was RS for a frisk

By John Wesley Hall, Jr.

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It was reported to by a "police spotter" that defendant juvenile was flashing a gun in his waistband to others. That was reasonable suspicion for a frisk. W.H. v. State, 2010 Ind. App. LEXIS 983 (June 17, 2010).* Police received a 911 call that an unidentified male had rung a doorbell at 2 a.m. Getting no response, he left. Officers responded and saw a person matching the description in a car in the neighborhood. He stopped too long at a stop sign, and the police pulled him over. The stop was with reasonable suspicion, and he was DUI. Ertel v. State, 2010 Ind. App. LEXIS 979 (June 16, 2010).* Defendant was arrested for sexual assault, and the police conducted a protective sweep of his nearby vehicle. Defense counsel was not ineffective for not challenging this search...continue to full post

Full post as published by Fourth Amendment on June 20, 2010 (boomark / email).

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