Spread-Eagle Frisks Under Microscope of Full Second Circuit

April 20, 2021, 9:12 PM

The constitutional right to be free from unreasonable search or seizure attaches as soon as police tell a citizen to assume a spread-eagle position to be searched, defense counsel told the full Second Circuit on Tuesday. But the government argued that the right doesn’t attach until the officer starts to frisk the person.

Calvin Weaver’s case has the potential to alter the mechanics of how police conduct a stop-and-frisk, but it’s also fraught with racial tension.

The National Association of Criminal Defense Lawyers, in a friend of the court brief, said that communities of color bear the brunt of illegal...

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