Second Circuit Updates – August 31, 2016

In United States v. Cunningham, No. 14-4425, the Court reversed Judge Sullivan’s decision denying a suppression motion in a robbery case where a gun was recovered from defendant-appellant Damian Cunningham’s vehicle after a traffic stop. The Court found that the circumstances of the stop did not justify a full protective search, noting in part that gender and race may have played a part in the determination of immediate danger that led to the search and the denial of the suppression motion. Full discussion to follow.