· 9/11/2000
United States v. Francis Joseph Reilly, AKA Ian MacCormick AKA Steven James Conner
Citations
- 224 F.3d 986
- 2000 Cal. Daily Op. Serv. 7570
- 2000 Daily Journal DAR 10041
- 2000 U.S. App. LEXIS 22777
- 2000 WL 1277216
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- upholding questioning of subdued suspect who was surrounded by officers with loaded weapons, because he was not yet handcuffed and still had the capacity to grab nearby objects
- applying public safety exception in part because officer’s “inquiry was narrow, asking only a single question directed at determining the presence of [a] gun”
- suppressing evidence and refusing “ ‘to excuse the failure to obtain a search warrant where the police had probable cause but simply did not attempt to obtain a warrant.’ ”
- suppressing evidence and refusing “ ‘to excuse the failure to obtain a search warrant where the police had probable cause but simply did not attempt to obtain a warrant.’ ”
- upholding question “where is the gun” posed to suspect who was subdued and surrounded by police with weapons drawn, in part because defendant “was not yet handcuffed and still had the capacity to reach and grab any nearby objects”
- finding officers were not required to knock and announce their presence after a “noisy scuffle” that occurred outside the suspect’s residence “could have alerted [the suspect] to the officers’ presence and allowed him to dispose of evidence or arm himself’
Source: CourtListener parenthetical corpus (CC0).
Judges: Lay, Nelson, Thomas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.