· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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