United States v. I.E.V., Juvenile Male, No. 11-10337 (9th Cir. 2012)
Annotate this CaseDefendant appealed the district court's denial of his motion to suppress evidence gained through a frisk after a vehicle stop. The court concluded that the police officers had no particularized suspicions directed at the unthreatening defendant to justify the Terry frisk at its inception; the searching officer exceeded the lawful scope of the frisk by lifting defendant's shirt to retrieve an object; and therefore, the court reversed and remanded with instructions to grant defendant's motion to suppress.
Court Description: Criminal Law. Reversing the district court’s denial of a motion to suppress evidence obtained through a frisk after a vehicle stop, the panel held that the Terry frisk was not justified at its inception and exceeded the scope of an appropriate Terry frisk. Dissenting, Chief Judge Kozinski wrote that the majority opinion is wrong and dangerous.
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