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

Defendant’s conduct and abusive language during stop justified getting him out for a patdown. United States v. Soares, 521 F.3d 117 (1st Cir. 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. P. 41(g) when no criminal action is pending is equitable in nature. The warrant was issued with probable cause to believe that evidence of a crime would be found in the documents sought, and the warrant was not overbroad. In re Search of 22 Blackwatch Trail, 2008 U.S. App. LEXIS 6388 (2d Cir. March 26, 2008) (unpublished).*

Officer had plenty of information that the occuapants of the vehicle he just stopped had been involved in a violent crime to justify a frisk. Vadimsky v. City of Melbourne, 2008 U.S. App. LEXIS 6436 (11th Cir. March 15, 2008) (unpublished).*

Plaintiff’s decedent was lawfully arrested before his suicide in jail, and that Fourth Amendment claim fails. She did, however, state enough to continue with discovery on the claim that excessive force was used during the decedent’s arrest. Powers-Bunce v. D.C., 541 F. Supp. 2d 57 (D.C. Cir. 2008).*