United States v. Weaver
| Docket Number | 18-1697 |
| Decision Date | 15 September 2020 |
The Second Circuit reversed the district court's denial of defendant's motion to suppress a firearm discovered after police officers pat-frisked defendant during a traffic stop. The court held that the officers lacked an objectively reasonable belief that defendant was armed and dangerous. The court stated that, at most, the officers had reason to believe that defendant possessed something illicit, but the Constitution requires that the officers have reason to believe this something was...
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12 cases
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United States v. Weaver
...the firearm was properly seized during the pat-frisk, the officers would have inevitably discovered the cocaine.5 See United States v. Weaver , 975 F.3d 94 (2d Cir. 2020).6 See id . at 100.7 Id . at 97.8 Id . at 102.9 Id . at 114 (Livingston, C.J. , dissenting) (quoting Arizona v. Hicks , 4......
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United States v. Wetmore
...under the circumstances present here, that it can.The authority that has addressed this question is split. Compare, United States v. Weaver, 975 F.3d 94, 101 (2d Cir. 2020) ("It is clear that Officer Tom had effectively initiated a search of Weaver when he instructed him to place his hands ......
- United States v. Moore
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United States v. Martinez
... ... based on alleged racial bias, and the Court, when viewing ... Deputy Chisholm's testimony in light of the rest of the ... record, finds Deputy Chisholm to be credible ... [ 8 ] Mr. Martinez also cites United ... States v. Weaver ... ...
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1 books & journal articles
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Whitewashing the Fourth Amendment
...Precise About Racialized Narratives , 77 TEX. L. REV. 1571, 1579–80 (1999) (footnote omitted). 263. See, e.g. , United States v. Weaver, 975 F.3d 94, 109 (2d Cir. 2020) (“There may well be hundreds of situations in which searches like the one before us today turned up nothing. But surely no......
