EPISODE · Sep 11, 2025 · 59 MIN
State v. Wilson: Terry Stops and Sentencing Guidelines
from Swear on the Stand · host Daniel W. Swear
This episode presents an appeal in the case of United States v. Damion Wilson, decided by the United States Court of Appeals for the Fifth Circuit. The primary issue addressed is whether carrying a firearm alone provides sufficient grounds for a Terry stop, a question the court answers definitively in the negative, rooted in the Fourth Amendment's history against general warrants and writs of assistance. However, the court ultimately affirms Wilson's conviction and sentence, finding that other specific factors, such as his association with a federal fugitive and prior criminal history, provided reasonable suspicion for the stop. A concurring and dissenting opinion highlights a disagreement with the majority's extensive discussion on the Terry stop and contests the application of an obstruction-of-justice sentencing guideline based on the indictment's language.
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State v. Wilson: Terry Stops and Sentencing Guidelines
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