By: Derek Hawkins//February 14, 2017//
7th Circuit Court of Appeals
Case Name: Charles Beal, Jr. v. James Beller et al
Case No.: 14-2628
Officials: WOOD, Chief Judge, and POSNER and ROVNER, Circuit Judges
Most Fourth Amendment issues arise when a criminal defendant files a motion to suppress evidence allegedly collected in violation of its standards, but this is not such a case. Charles Beal, Jr., has brought a civil action under 42 U.S.C. § 1983, in which he asserts that two detectives on the Kenosha, Wisconsin, police force lacked any justification recognized by the Fourth Amendment to stop him, to frisk him, and then to conduct a more thorough search. The district court granted summary judgment for the Detectives. It found that the tip on which they acted was not anonymous, as Beal contended, and that their actions were permissible under Terry v. Ohio, 392 U.S. 1 (1968). We conclude that the critical facts were genuinely disputed, and thus we reverse and remand for further proceedings.
Reversed and Remanded