State v. Vannatter

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).