http://briefcase8.com/2007/04/12/findings-of-fact/ Case analysis with an attitude Wed, 28 Jul 2010 15:43:42 +0000 http://wordpress.org/?v=2.9.1 hourly 1 http://briefcase8.com/2007/04/12/findings-of-fact/comment-page-1/#comment-5681 Russ Bensing Wed, 18 Apr 2007 17:34:22 +0000 http://briefcase8.com/2007/04/12/findings-of-fact/#comment-5681 Don't who your judge is, but that looks like a winner. Not only is there no basis for a stop, but the 8th District has been good in recent years about enforcing the "armed and dangerous" suspicion necessary for the frisk. There are some good cases on that in a post from last summer. Put "burrito" in the search bar and check it out. "Burrito?" you ask? Trust me. Don’t who your judge is, but that looks like a winner. Not only is there no basis for a stop, but the 8th District has been good in recent years about enforcing the “armed and dangerous” suspicion necessary for the frisk. There are some good cases on that in a post from last summer. Put “burrito” in the search bar and check it out. “Burrito?” you ask? Trust me.

]]> http://briefcase8.com/2007/04/12/findings-of-fact/comment-page-1/#comment-5675 JVal Wed, 18 Apr 2007 15:41:29 +0000 http://briefcase8.com/2007/04/12/findings-of-fact/#comment-5675 These cases are helpful. I just pretried a case where the police say that my client is walking down the middle of the street. He took something from his mouth and put it in his pants pocket. They approach and ask him for ID; he has none. They proceed to put him against the zone car and pat him down, finding a warm crack pipe in his pants pocket. I think the State will have a problem on a motion to suppress, and since it's an F5 and client has a record, albeit not a long one, there will be no reduction, so I might as well file the MTS. These cases are helpful. I just pretried a case where the police say that my client is walking down the middle of the street. He took something from his mouth and put it in his pants pocket. They approach and ask him for ID; he has none. They proceed to put him against the zone car and pat him down, finding a warm crack pipe in his pants pocket. I think the State will have a problem on a motion to suppress, and since it’s an F5 and client has a record, albeit not a long one, there will be no reduction, so I might as well file the MTS.

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