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Thread: 8th District Court..Ruling on RAS...

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    Regular Member zekester's Avatar
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    Mar 2010
    Uvalde, Texas

    8th Circuit Court..Ruling on RAS...

    Checking on RAS and rulings in the state of Missouri..and came across this.

    52 F.3d 194
    UNITED STATES of America, Plaintiff-Appellee,
    Coye Denise GREEN, Defendant-Appellant.
    No. 94-1675.
    United States Court of App

    What got my attention is the following:

    In evaluating the validity of investigatory stops, we must consider the "totality of the circumstances--the whole picture." United States v. Sokolow, 490 U.S. 1, 8, 109 S.Ct. 1581, 1585, 104 L.Ed.2d 1 (1989) (quoting United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)). Reasonable suspicion must derive from more than an "inchoate and unparticularized suspicion or 'hunch.' " Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 1883, 20 L.Ed.2d 889 (1968). Moreover, "[c]onduct typical of a broad category of innocent people provides a weak basis for suspicion." United States v. Weaver, 966 F.2d 391, 394 (8th Cir.) (quoting United States v. Crawford, 891 F.2d 680, 681 (8th Cir.1989)), cert. denied, --- U.S. ----, 113 S.Ct. 829, 121 L.Ed.2d 699 (1992).

    A number of the factors relied upon by Carrill can be characterized as "conduct typical of a broad category of innocent people." Weaver, 966 F.2d at 394. We reject the notion that Green's travelling alone, carrying a small bag, wearing new and baggy clothes, and failing to make eye contact with Carrill, are in any way indicative of criminal activity. Thus, these factors cannot play a role in assessing the validity of the investigatory stop.

    The key words are "conduct typical"...If carrying a weapon by a "broad catergory of innocent people" becomes "conduct typical"...No basis for anything. At least in the 8th Circuit.

    I guess the question is....What would be considered "conduct typical"?

    Just thought I would share.
    Last edited by zekester; 04-01-2011 at 03:01 PM.

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