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CA8: Stop of a man in a hoodie for carrying a weapon lacked reasonable suspicion

By John Wesley Hall, Jr.

The officer suspected that defendant was carrying a gun in the pocket of his hoodie, but it was based on his experience as an officer and no other facts about the hands or what he might be holding. The Eighth Circuit [surprise!] finds this not enough for reasonable suspicion under Terry and Arvizu. United States v. Jones, 09-1731 (8th Cir. June 8, 2010): Like the district court, we conclude that Officer Hasiak lacked the requisite reasonable suspicion that Jones was carrying a concealed firearm in his hoodie pocket, as opposed to some other object, or no object at all. The critical question is, again, whether Hasiak had a “particularized and objective basis” for his suspicion. Arvizu, 534 U.S. at 273. Given the deference we must accord both Hasiak’s training and experience and the inferences drawn by a resident district judge, this is a close question...continue to full post

Full post as published by Fourth Amendment on June 08, 2010 (boomark / email).