Second Circuit Judge Reena Raggi at Columbia School of Law Moot Court Competition Decision of the Day: Second Circuit Says Report of Menacing With Gun Stop Supported Reasonable Suspicion For Stop
The ruling, authored by Judge Reena Raggi of the U.S. Court of Appeals for the Second Circuit, and a summary by the Law Journal's decisions editors can be found here.
February 16, 2022 at 04:00 PM
2 minute read
A loaded pistol was seized from a car, driven by defendant—charged as a felon in possession of a firearm—that police detained because it fit the description of a car whose occupants reportedly menaced a woman with a firearm at a nearby supermarket parking lot.
District court's written Dec. 27, 2019, ruling memorialized its Oct. 30 oral ruling suppressing the pistol as evidence because the degree of force used by police in detaining defendant's car and its occupants exceeded that permissible for a reasonable investigatory stop and thus was an unlawful de facto arrest not supported by probable cause.
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