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4th Amendment Violation

By: Derek Hawkins//July 1, 2019//

4th Amendment Violation

By: Derek Hawkins//July 1, 2019//

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7th Circuit Court of Appeals

Case Name: United States of America v. Herman D. Adair

Case No.: 18-2796

Officials: SYKES, SCUDDER, and ST. EVE, Circuit Judges.

Focus: 4th Amendment Violation

Officer Curtis Squires received a crime-in-progress notification while patrolling in Bloomington, Illinois during the late evening hours of September 21, 2017. More details followed. The 911 operator informed Officer Squires that a caller from the Tracy Drive Apartments reported a group of persons outside her apartment engaged in suspicious activity. The caller added that a short black male wearing a hoodie had a gun in his front pocket. Arriving moments later, Officer Squires saw the group, approached to see what was going on, and observed that Herman Adair roughly fit the 911 caller’s description and had a large bulge in his front pants’ pocket. Adair sought to evade Officer Squires by moving and weaving throughout the larger group—trying to put others between Officer Squires and himself. Officer Squires then stopped and patted down Adair, finding a gun in his front pocket. The district court concluded that all of this respected the Fourth Amendment. We agree and affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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