W.D.Pa.: Def was fully cooperative; flight of other person in car not attributable to him

When defendant’s car was stopped, he was cooperative but the passenger ran off. When officers approached defendant, he put up his hands and fully cooperated. His handcuffing was reasonable because of the potential risk of weapons, but there was no reasonable suspicion for a search. The court won’t attribute the other man’s flight to the cooperative defendant. United States v. Parker, 2017 U.S. Dist. LEXIS 33216 (W.D. Pa. March 7, 2017).

The officer corroborated the anonymous caller about students smoking pot when he smelled it as he approached them. Defendant’s nervousness and not removing his hand from his pocket supported the trial court’s finding of reasonable suspicion. [But note that this court does not make an independent determination of reasonable suspicion on this record.] In re V.G., 2017 Tex. App. LEXIS 1930 (Tex. App. – El Paso March 8, 2017).*

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