United States v. Weaver, No. 18-1697 (2d Cir. 2020)Annotate this Case
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 dangerous. Therefore, the suppression of the firearm was warranted as the fruit of an illegal search conducted in violation of the Fourth Amendment.
The court issued a subsequent related opinion or order on August 16, 2021.