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LA5: Chambering a round while driving without hands is RS of something

By John Wesley Hall, Jr.

Defendant gave a false name during his unlawful arrest, but the seizure of shotgun shells and a crack pipe from his person was valid by independent source. Jackson v. State, 2009 Fla. App. LEXIS 234 (1st DCA January 12, 2009).* Defendant's "observing our presence in a nervous fashion," watching officers conducting a traffic stop, was not cause for an investigative detention. He also fled when the look back at him. State v. Alvarez, 2009 La. App. LEXIS 57 (5th Cir. January 13, 2009).* Chambering a round into a gun while driving with no hands on the wheel is reasonable suspicion for a stop. [One has to agree that this is mildly suspicious activity.] State v. Anderson, 2009 La. App. LEXIS 64 (5th Cir. January 13, 2009): In the present case, Detective Peterson, a law enforcement officer with approximately 10 years experience, observed the defendant chambering a round into a firearm while driving with no hands on the wheel...continue to full post

Full post as published by Fourth Amendment on January 22, 2009 (boomark / email).