Brief filed: 03/08/2021
United States v. Weaver
2nd Circuit Court of Appeals; Case No. 18-1697
Panel decision United States v. Weaver, 975 F.3d 94 (2d Cir. 2020)
The Circuit should hold that a frisk commences when an individual is forced to assume an “in search” position. Terry frisks have become a routine and routinely abused police tactic. Consistent federal-state application of the exclusionary rule is the only effective way to deter law enforcement from performing intrusive, humiliating, and unconstitutional body frisks. Unlawful Terry frisks are only challenged in criminal cases where suppression is unappealing but necessary. New York State courts recognize that suppression is a necessary and appropriate remedy to deter pretextual stop-and-frisks and police perjury. Deterrence will be undermined if federal and state courts assess Terry frisks differently and apply the exclusionary rule inconsistently.
Alexandra A.E. Shapiro and Erin M. James, Shapiro Ararto Bach LLP, New York, New York (counsel of record); Richard D. Willstatter, NACDL, White Plains, New York; Timothy P. Murphy, NYSACDL, Buffalo, New York; New York Counsel of Defense Lawyers (no separate appearance), New York, New York.