Defendant was riding a bicycle in circles in an intersection late at night in a high crime area. When they were near him, he said “They went that way.” They saw the handle of a gun and stopped him. They quickly found it was a toy gun, and they should have let him go, even if they suspected he was high. “Because Officers Smith and Fenwick's articulated basis for reasonable suspicion was dispelled prior to the warrant check and no new facts were developed, the continued detention of Mr. Lovelady was unlawful. The handcuffs should have been removed from Mr. Lovelady, thereby releasing him to go home as he had requested.” State v. Lovelady, 2013 Mo. App. LEXIS 204 (February 19, 2013).*
Defendant was arrested on warrants at home, and she was taken to the door. When she wanted to get a jacket and turn off the stove, the officers followed her back in, and they saw things in plain view, and that caused enough concern for a protective sweep finding more in plain view that supported a search warrant. United States v. Moore, 2013 U.S. Dist. LEXIS 22830 (E.D. Mo. February 20, 2013).*
Defense counsel at trial was not ineffective for not challenging defendant’s parole search that would have lost anyway. Foster v. United States, 2013 U.S. Dist. LEXIS 23192 (N.D. Ohio February 20, 2013).*
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