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Defendant's actions and profanity gave reason for frisk during traffic stop

By John Wesley Hall, Jr.

Defendant's conduct and abusive language during stop justified getting him out for a patdown. United States v. Soares, 2008 U.S. App. LEXIS 6478 (1st Cir. March 28, 2008)*: Once the car was stopped Soares refused repeated orders to remain still and keep his hands in Reid's view. Soares continually used abusive and profane language, and he became increasingly agitated as the stop progressed. Reid testified that Soares's erratic and uncooperative behavior made him "extremely nervous." Reid observed him move his hands out of the officers' sight towards the area that he first saw him motion towards at the start of the stop. Reid could reasonably have thought that Soares was reaching for a weapon. An action for return of records under F.R. Crim...continue to full post

Full post as published by Fourth Amendment on March 29, 2008 (boomark / email).