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W.D.Pa.: Stop of regular known to carry guns and drug was reasonable

By John Wesley Hall, Jr.

Officers pulled over defendant who was, to them, a regular, and that knowledge formed the basis of reasonable suspicion once stopped. In plain view were baggies for storing crack. (Sort of: His history with drugs and weapons was such that his merely being on the street is RS he is carrying something. [Technically not a good argument under Terry, officer.]) During the stop, defendant was excessively nervous. [If he’s a regular, why would be he nervous unless he was carrying?] The patdown was reasonable and not excessive. United States v. Johnson, 2010 U.S. Dist. LEXIS 7001 (W.D. Pa. January 27, 2010)*: Sealock recognized defendant as the driver, having become familiar with him from numerous past incidents defendant had had with the police in Aliquippa, including several involving firearms...continue to full post

Full post as published by Fourth Amendment on January 31, 2010 (boomark / email).