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Chisholm v. Commonwealth — Court of Appeals opinion, Record 1830-24-1

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area and the type of crime suspected in the instant case,”11 “(2) limited geographic boundaries of the ‘area’ or ‘neighborhood’ being evaluated,”12 or “(3) temporal proximity between evidence of heightened criminal activity and the date of the stop or search at issue.”13 United States v. Wright, 485 F.3d 45, 53-54 (1st Cir. 2007). Here, however, when considering Officer McLaughlin observed Chisholm in a high crime area, the Commonwealth failed to satisfy any of those requirements. It identified no nexus between the crimes purportedly prevalent in the area and the offense Chisholm was suspected of committing. It did not define or limit the geographic boundaries of the area in which Chisholm was detained, nor did it establish any temporal link between heightened criminal activity and the time or location of the stop. As stated earlier, Chisholm was walking down the street after purchasing groceries from a corner store with a friend in broad daylight. There is nothing in the record that Chisholm was going to commit any crime such as robbery, burglary, or other criminal activity involving firearms. Officer McLaughlin also testified that he did not suspect or observe Chisholm engaging in criminal activity when he first saw him walking down the sidewalk. Moreover, “the police had no information, such as a tip or police report, suggesting that [Chisholm] was 11 See Wardlow, 528 U.S. at 124 (emphasizing that the officers suspected narcotics activity and that the encounter occurred in an area “known for heavy narcotics trafficking,” thus providing a nexus between the suspected offense and the location). See also United States v. Edmonds, 240 F.3d 55, 60 (D.C. Cir. 2001) (recognizing that reliance on a high crime area is proper where officers articulate a connection between the type of crime frequently occurring in the area and the offense the defendant was suspected of committing). 12 See United States v. Caruthers, 458 F.3d 459, 468 (6th Cir. 2006) (holding that reliance on a high crime area was proper where the record contained evidence of frequent criminal activity at the specific intersection where the defendant was stopped). 13 See United States v. Bailey, 417 F.3d 873, 874-75, 877 (8th Cir. 2005) (holding that it was proper to consider the location a high crime area where the record showed recent criminal activity at the specific location of the stop). - 17 -
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