· 7/2/2015
United States v. Shawn Lowe
Citations
- 791 F.3d 424
- 2015 U.S. App. LEXIS 11440
- 2015 WL 4032921
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that submission question “depends on both the nature of the show of authority [and] the suspect’s conduct at the moment the officer asserted his or her authority”
- explaining that submission question “depends on both the nature of the show of authority [and] the suspect’s conduct at the moment the officer asserted his or her authority”
- finding that officers approaching an individual \in a hurried manner\ and with a firearm drawn displayed a show of authority when they made five to ten requests for the individual to show his hands
- explaining that a suspect who did not comply with officers’ commands to take his hands out of his pockets nevertheless was subjected to a “seizure” when, upon the officers’ approach, the suspect “froze”
- finding no reasonable suspicion to detain individual where officers received anonymous tip that someone matching 13 individual’s description in high-crime area had gun
- finding no reasonable suspicion to conduct a Terry stop and frisk when the defendant did not take his hands out of his pockets when asked to do so and appeared “frozen” or “shocked” in response and merely “looked both ways over his shoulders”
Source: CourtListener parenthetical corpus (CC0).
Judges: Greenaway, Krause, McKEE
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.