United States v. Weaver

Brief of the National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Defendant-Appellant.

Brief filed: 03/08/2021

Documents

United States v. Weaver

2nd Circuit Court of Appeals; Case No. 18-1697

Prior Decision

Panel decision United States v. Weaver, 975 F.3d 94 (2d Cir. 2020)

Argument(s)

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.

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Author(s)

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.

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