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S.D.Ind.: Govt's failure to show reasonable suspicion required suppression

By John Wesley Hall, Jr.

Motion to suppress granted for lack of reasonable suspicion for patdown. United States v. Washington, 2009 U.S. Dist. LEXIS 73205 (N.D. Ind. August 17, 2009)*: The record before the court doesn't disclose what led the officers to a reasonable suspicion that Mr. Washington was armed or dangerous. None of the officers involved was asked why he or she held such a suspicion. Counsel for the government offered some suggestions in final argument on the motion: the Buick did not stop immediately; the Buick seem to speed up after the first turn; the driver seem to disappear from site upon stopping; the passenger's hand came out of the front window; movement was seen in the car; Mr. Washington appeared to be nervous. Such observations might lead and experienced police officer, such as those involved in this stop, reasonably to suspect the rear seat passenger was armed and dangerous...continue to full post

Full post as published by Fourth Amendment on August 21, 2009 (boomark / email).