MN vs Timberlake re: Possession of Gun is not probable cause

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MN vs Timberlake re: Possession of Gun is not probable cause

Postby plblark on Fri Aug 10, 2007 10:42 am

As posted by Jeff in a thread over at TCC.com, we find a link to an appeals court decision in the case of MN vs. Timberlake.

S Y L L A B U S

Police officers who can articulate particular and objective facts that warrant a reasonable suspicion that a person is in possession of a gun nevertheless lack a sufficient basis to perform a Terry stop absent additional particular and objective facts that support a reasonable suspicion that the person has committed or is planning to commit a crime or is an individual that Minnesota law prohibits from possessing a gun.


D E C I S I O N

Because the officers lacked a particularized and objective basis for suspecting that appellant did not have a permit to carry a gun or that appellant was engaged in some other type of criminal activity, the district court erred by denying appellant’s motion to suppress evidence obtained during the Terry stop of the car appellant was riding in.


Further reading: Terry Stops: Terry v. Ohio, 392 U.S. 1, 19-20, 88 S. Ct. 1868, 1879 (1968)
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