Following the seminal case of Terry v. Ohio, state and federal courts have repeatedly been asked to determine what constitutes a lawful first- or second-tier detention. This seemingly simple question is highly fact-specific and has led to a large body of case law that can be overwhelming to even the seasoned practitioner.
John Donnelly's new manual Defending Against Unlawful Detentions is a quick but comprehensive case finder that will guide you to the key defense cases on these issues. This manual is divided into four key subject areas:
- Cases explaining fundamental procedural issues
- Cases where police conduct amounted to a second-tier detention
- Cases where the fact pattern did not justify a warrantless detention
- Cases describing the limitations on an otherwise legal Terry stop and frisk/pat down
Each subject includes a list of related facts or issues along with the names of the cases that addressed them. Following these easy-to-use charts, each case referenced is listed in alphabetical order with a brief factual summary and its full citation.
If you're a criminal defense attorney, this pocket-sized book is an invaluable resource for your motions practice.
The next time you're arguing a motion to suppress and an officer says that he stopped your client because he appeared nervous, you'll be able to quickly pinpoint the cases that have held that that does not justify a second-tier detention. Or when you hear an officer testify that he told your client to remove his hands from his pockets during a casual first-tier encounter, you'll quickly be able to cite three different cases that dictate that that conduct raises the encounter to a second-tier detention. You may never know what testimony you're going to hear at trial or at a hearing, but with this case finder, you'll be able to jump quickly to the relevant citations when you need them most.