United States v. Kehoe

Police receive two calls that a white male with a blue and white shirt is drunk at a Newport News, Va. pool hall and carrying a gun. Police: We did a pat-down of the one guy who matched the description, found a gun, and arrested him. Defendant, an ex-convict: Cops didn’t have reasonable suspicion that I unlawfully had a gun on me. District Court: A sole white person (with a gun) in a setting where most people are black is suspicious, especially in light of the recent Charleston church shooting. Fourth Circuit: The “mere fact that a person of one race is present among a group that is predominantly of another race does not provide a basis of suspicion of criminal activity.” But police had reasonable suspicion; no need to suppress the evidence.

Tags: 2018, Fourth Amendment, Fourth Circuit, Police

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