Legal Opinion · Dissent

United States v. Vincent Anthony Magda

Court of Appeals for the Second Circuit

Decided December 22, 1976No. 238, Docket 76-1298Published

1DissentMotley, District Judge

In reversing the District Court’s order granting the defendant’s motion to suppress, the majority today concludes that a police officer can make an investigatory stop based on a combination of entirely innocent factors. Since the majority decision sets a new minimum standard for the “reasonable suspicion” necessary to justify such a stop, I respectfully dissent.

The Government does not dispute the fact that this so-called “investigative stop” was protected by the Fourth Amendment which bars unreasonable searches and seizures.1 In circumstances such as these, where a person is stopped by a…

2Cases cited35 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Wong Sun v. United StatesSupreme Court of the United States · 1963
  3. Adams v. WilliamsSupreme Court of the United States · 1972
  4. United States v. Brignoni-PonceSupreme Court of the United States · 1975
  5. Elkins v. United StatesSupreme Court of the United States · 1960

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