'Terry' stop based on officers' mistake of fact upheld by court

[Coyote33]

'Terry' stop based on officers' mistake of fact upheld by court

"...indicated that the owner of the car was driving on a suspended license.

Based on that information, the officers stopped the car ... officer spotted a gun on the driver's seat and placed the defendant under arrest. ..."

I like how they tie the arrest to the gun rather than to the reason for pulling him over. It was the gun's fault?

 

[adweisbe]

"Stops premised on mistakes of fact ... generally have been held constitutional so long as the mistake is objectively reasonable,"

Judge Bruce M. Selya

"objectively reasonable"?

 

[Scrivener]

'Terry' stop based on officers' mistake of fact upheld by court

I like how they tie the arrest to the gun rather than to the reason for pulling him over. It was the gun's fault?]

NO; it was the driver's for not securing his firearm.

The premise for the stop was reasonable. The stop being made, a Terry frisk (this was not a "Terry stop," despite LW's contention) was reasonable.

IF the driver was duly licensed, he'd have been released. He wasn't and, instead, his passenger gets wired because the'yre carrying drugs and she may have moved for the gun.

It only goes downhill from there..........

 

[Coyote33]

It's pretty obvious they weren't the nicest people to deal with by any means. Yeah, the guy was dumb for driving around like that with no license, etc. I guess if they had a brain, they wouldn't be leading that lifestyle in the first place.