Federal Defenders of New York Second Circuit Blog

car stop

Second Circuit upholds prolonged traffic stop based on suspicion that car was stolen, despite database check confirming that it was not stolen.

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In United States v. Wallace, No. 17-0472 (2d. Cir. Sept. 3, 2019), the Second Circuit, in an opinion by District Judge Abrams (joined by Judge Winter), upheld the district court’s denial of the defendant’s motion seeking suppression of a firearm recovered following a prolonged traffic stop. Judge Pooler dissented. After being pulled over for a … Read more

Nuanced Second Circuit Opinion on Dissipated Probable Cause & McLaughlin Violations

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The Second Circuit issued two criminal opinions today, both of which we will cover this week. In one, United States v. Pabon, the Circuit rejected a set of Fourth Amendment challenges where police obtained a CT scan which revealed that the defendant was body-packing narcotics. The opinion, available here, is as notable for what it does … Read more

Woe Betide Those Who Park on the Wrong Side of the Street (and those who produce child pornography)

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No relevant opinions today; two summary orders. In United States v. Grady, Syracuse police noticed that Grady’s car was parked in violation of the city’s odd/even street parking rules.  They approached the car, shone their flashlights inside and saw, in plain view, a bag of crack cocaine on Grady’s lap.  A loaded gun was also found in … Read more

Stop and Flop

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United States v. Wilson, No. 11-915 (2d Cir. October 25, 2012) (Jacobs, Calabresi, Pooler, CJJ) Defendant Wilson was subject to a car stop near New York’s border with Canada. He was just outside of the St. Regis Mohawk reservation, not a member of the tribe, and the officers who stopped the car – which was … Read more