Legal Opinion · Dissent

United States v. Urrieta

Court of Appeals for the Sixth Circuit

Decided March 20, 2008No. 07-5431Published

1DissentMcKEAGUE, Circuit Judge

Because I disagree with the majority’s conclusion that the brief detention at issue here violated Urrieta’s Fourth Amendment rights, I respectfully dissent.

A. Reasonable Suspicion To Detain

The analytical framework for assessing an investigative detention under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), is a two-part analysis of the reasonableness of the stop. See United States v. Caruthers, 458 F.3d 459, 464 (6th Cir.2006). The first question is “whether there was a proper basis for the stop, which is judged by examining whether the law enforcement officials were aware…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Florida v. RoyerSupreme Court of the United States · 1983
  4. Whren v. United StatesSupreme Court of the United States · 1996
  5. Ornelas v. United StatesSupreme Court of the United States · 1996

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