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Adjusting waistband in a high crime area at night not reasonable suspicion

By John Wesley Hall, Jr.

Defendant's being in a high crime area at night and adjusting his waistband in a manner the officer said looked like he was checking a gun. None of the factors cited by the police was sufficient and collectively (as Arvizu requires) sufficient. United States v. Doughty, 2008 U.S. Dist. LEXIS 74248 (S.D. N.Y. September 18, 2008): But Officer Rodriguez's impression of how he looked adjusting his weapon, without more, is insufficient grounds to provide "reasonable suspicion" of criminal activity. He did not testify that he relied on his professional experience as a police officer or on any particular training in the police academy or subsequently to identify Defendant's movement as consistent with movement of a person carrying a gun in the waistband...continue to full post

Full post as published by Fourth Amendment on September 30, 2008 (boomark / email).