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· 1/16/2007

United States v. Spinner, Richard

Citations

  • 475 F.3d 356
  • 374 U.S. App. D.C. 347
  • 2007 U.S. App. LEXIS 845
  • 2007 WL 92701

How courts have described this case

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

  • holding that nervousness and “fiddling with the center console” are not sufficient facts from which the officers could conclude that the defendant was armed and dangerous
  • finding it significant that before police searched Spinner’s vehicle they “had already determined Spinner did not have anything dangerous on his person when they frisked him — with his consent”
  • assuming without deciding that the defendant’s parking violation justified his initial detention
  • acknowledging federal circuits “have found no legally meaningful distinction between a parking and a moving violation” for Terry stop purposes, but finding it unnecessary to address the issue
  • “A search not justified when it is begun cannot be used to elicit evidence with which to justify the search after the fact.” (cleaned up)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ginsburg, Sentelle, Randolph

Read full opinion on CourtListener

Sourced 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.