BRANDON AMES v. STATE OF MARYLAND
Court of Special Appeals, Moylan, Feb. 3, 2017,
Frisk- To conduct a frisk, an officer must first have reasonable suspicion to conduct a stop and then have reasonable suspicion that the individual is armed and dangerous
Tag Archives: Search Incident to Arrest
Utah v. Strieff
UTAH v. EDWARD JOSEPH STRIEFF, JR.
Supreme Court of the United States, Thomas, June 20, 2016,
Search – Exclusionary Rule – Evidence recovered from a suspect search incident to a valid arrest warrant need not be excluded even where the initial detention lacked reasonable suspicion
(Dissent – Sotomayor joined by Ginsburg for parts I-III – Starts by misstating the Court’s holding, then provides legitimate points related to a constitutional violation providing the basis for a constitutional search, then on her own discusses racial impact of unconstitutional policing)
(Dissent – Kagan with Ginsburg – Discovery of an arrest warrant after an unconstitutional stop is not an “intervening circumstance,” it is a product of the unconstitutional stop)
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