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7th Circuit: Officer allowed to resume frisk

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As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when police have many reasons why they may legitimately stop the car.

The warning came from Judge Diane Wood in United States of America v. Jermarcus Robinson, No. 09-3955, in which Jermarcus Robinson appealed his conviction of possession with intent to distribute. The federal appellate court affirmed.

Fort Wayne Police Officer Shane Pulver pulled over the car Robinson was riding in because the officer recognized driver David Robinson as a habitual traffic offender who didn’t have a license. Within seven minutes of the initial stop, Pulver saw a pocket knife in Jermarcus Robinson’s pocket, began a pat-down of Robison as his sister and girlfriend drove up, a second officer responded, Pulver stopped his pat-down to search the car and found a digital scale, then resumed the pat-down and found the hard object he felt earlier near Robinson’s backside. The object was a bag of 54 grams of crack cocaine.

Robinson lost his motion to suppress the evidence and entered into a conditional plea agreement.

He argued that the events that occurred in the seven minutes of the stop and search should be divided into three distinct stages and that he should have been let go after stage one – when police first frisked him and then stopped. He claimed stage two – the search of the car – wasn’t authorized by Arizona v. Gant, 129 S.Ct. 1710 (2009), because he wasn’t arrested until after the car was searched so the search wasn’t incident of the arrest. He claimed stage three was when Pulver searched him again and found the cocaine.

“If these events had dragged out over a longer period, then Robinson’s account might be more persuasive,” wrote Judge Wood. “Similarly, we might be more inclined to see things his way if Velma and Sunny had not been hovering just steps away and becoming increasingly agitated. But they were there, and this was a rapidly evolving situation.”

When Pulver stopped his pat-down and went to the car, another officer was there to watch Robinson. Pulver handed off responsibility for Robinson to his partner, not because he had finished his frisk and Robinson was free to go. Robinson also originally tightened up when first frisked to prevent Pulver from finding the drugs. Pulver felt a hard object, believed it wasn’t a weapon, and went to secure the car before finishing the pat-down.

The judges looked at the incident as a single event, not different stages. They also ruled it wasn’t necessary to rely on the fact that Pulver saw the scale in the car to justify resuming his search of Robinson.  

“Finally, just because he indicated after the fact that his initial impression was that the hard object he felt for an instant during the first phase was not a weapon, objectively speaking something hard might have been harmful, and Pulver was entitled to assure himself that his first impression was correct,” wrote Judge Wood.
 

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  1. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  2. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  3. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  4. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  5. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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