Sixth Circuit· 8/7/2003

Aaron Joshua v. Don Dewitt

Citations

341 F.3d 430
2003 U.S. App. LEXIS 16134
2003 WL 21805206

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that simply characterizing conduct of a suspect as a \furtive gesture\ was mere opinion, insufficient to justify a Terry stop without specific, articulable facts in the record to explain it
holding that an officer’s knowledge that a defendant has a criminal history is not enough to create reasonable suspicion that criminal activity is currently afoot, even when combined with other weaker indicators such as nervousness and illogical travel plans
holding officer could not reasonably rely on information in “Read & Sign” logbook from another police agency where no evidence was presented showing that the other agency had a reasonable suspicion that the defendant was involved in criminal activity
discounting criminal history information obtained after law enforcement officer had “already been detaining Petitioner without reasonable suspicion for quite some time”
rejecting state court’s reliance on “furtive gestures” where record did not indicate that suspects engaged in any specific furtive conduct, such as “mov[ing] their bodies or arms to conceal anything”
“[A]ppellate counsel need not raise every nonfrivolous argument on direct appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Clay, Haynes

Read full opinion on CourtListener

Cited by

51 cases in this archive cite this case; the 20 most cited are listed.

Cites

61 cases in this archive are cited by this case; the 20 most cited are listed.

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