United States v. Vincent Anthony Magda
Court of Appeals for the Second Circuit
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
- Terry v. OhioSupreme Court of the United States · 1968
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Adams v. WilliamsSupreme Court of the United States · 1972
- United States v. Brignoni-PonceSupreme Court of the United States · 1975
- Elkins v. United StatesSupreme Court of the United States · 1960
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