D.R.I.: Protective sweep of car justified by def being, inter alia, in a violent biker gang and having a 19 pg criminal history

Protective sweep of car was justified because defendant was a member of a violent biker gang, nervousness, 19-page criminal history, volunteering he hadn’t been drinking when not asked, among other things. United States v. Severns, 2016 U.S. Dist. LEXIS 76103 (D.R.I. June 9, 2016)*:

1) the fact that Mr. Severns was driving well over the speed limit; 2) he was a member of the Outlaw Motorcycle Gang driving prospective members to a party in Rhode Island and that the group is known to have a violent history; 3) Mr. Severns’ hands were shaking and he appeared nervous; 4) he failed to produce his registration and only gave the officers his license when both were requested; 5) an NCIC check revealed Mr. Severns’ 19-page criminal history, which included arrests for drugs, burglary, assault, making terrorist threats, and carrying a concealed weapon; 6) Mr. Severns repeatedly insisted that he had not been drinking even though the troopers never asked whether he had been; 7) there were three unrelated men in a car, none of whom was the owner of the car; 8) the two troopers were alone on the scene at 2 a.m. in a quiet section of Route 95; and 9) when Mr. Severns was frisked after exiting his car, the police found a four-inch knife in a sheath on his belt. Id. at 823. Based on the totality of these factors, the officers reasonably believed that the situation was dangerous and the persons stopped may be dangerous, justifying the search of Mr. Severns’ car including the glove box where the trooper found the gun.