U.S. v. Dell

1 Citing case

  1. United States v. Dell

    No. 11-4078 (10th Cir. Jun. 28, 2012)   Cited 8 times
    Finding officer "never articulated why his observations led him to suspect criminal activity—he did not discuss any prior experiences or training which supported his stated belief that a suspect peering into a car is likely involved in a car break-in"

    Id. Because we owe deference to the district court's factual findings, and because neither party challenges any of those findings as clearly erroneous, our recitation of the facts draws extensively from the district court's order, United States v. Dell, No. 2:10-CR-896-TC, 2011 WL 939383 (D. Utah Mar. 16, 2011) (hereinafter "Order"). At around 5:00 p.m. on August 28, 2010, Officer Moe Tafisi of the Salt Lake City Police Department was on patrol in the Glendale neighborhood of Salt Lake City, an area which he had patrolled for the entirety of his six and a half years with the department.