Tag: terry v. ohio
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Divided 10th Circuit takes no issue with surprise police encounter with suspect
Police officers who unexpectedly encountered a Durango-area man while they were preparing to search his nearby home did not commit a constitutional violation by seizing his phone during the ensuing traffic stop, the Denver-based federal appeals court ruled last week. Kalub Sean Jackson pleaded guilty to one count of possessing child pornography and received a…
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Federal judge bars gun evidence in criminal case due to Denver police’s unconstitutional search
A federal judge last week barred the government from using evidence from a man’s backpack in his prosecution for illegally possessing a weapon, following a Denver police officer’s unconstitutional search. The Fourth Amendment’s prohibition against unreasonable searches and seizures requires that law enforcement obtain a warrant or rely on a specific exception to the warrant…