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S.D.W.Va.: Defendant's refusal to respond to request to produce papers and then getting nervous when asked about just looking in glove compartment was reasonable suspicion

By John Wesley Hall, Jr.

During defendant’s valid traffic stop, instead of looking for his paperwork for the car, he stared straight ahead. “Rather than attempt to avoid a traffic citation by locating those documents, Defendant remained still and his gaze remained straight ahead. When asked again to locate the registration and insurance information, this time with the suggestion that he look in the vehicle's glove compartment, Defendant's nervousness visibly escalated. These behaviors gave rise to increased suspicion by the officers, who now suspected that illegal drugs or a firearm was in the car's glove compartment.” United States v. Smith, 2010 U.S. Dist. LEXIS 101121 (S.D. W.Va. September 21, 2010).* Defendant was stopped for overtinted windows, and he made furtive movements before getting out of the car...continue to full post

Full post as published by Fourth Amendment on October 01, 2010 (boomark / email).