E.D.Pa.: Dashcam video doesn’t support officer’s claim of nervousness

Defendant’s alleged nervousness, on the totality, wasn’t enough for reasonable suspicion. The officer testified to his nervousness, but the video doesn’t support it. The court just does not believe that the officer could see defendant’s heart “pounding” through his t-shirt. United States v. Cox, 2017 U.S. Dist. LEXIS 84679 (E.D. Pa. June 2, 2017):

Here, the totality of the circumstances indicate that Trooper Smith and Trooper Salerno lacked the objective, reasonable suspicion necessary to detain Defendant, Finks, and Jones for almost an hour until the canine unit arrived to conduct a sweep of Defendant’s Pontiac. The facts do not show that Defendant acted evasively. He complied with each of the State Troopers’ commands. His refusal to consent to the search of the Pontiac is not evidence of evasiveness. … With regard to Defendant’s demeanor, although we do not doubt that he may have exhibited some signs of nervousness, we are not persuaded that the nervousness was “extreme” or contributed to a finding of reasonable suspicion. The record simply does not support a finding that Defendant acted any more anxious than one would act if pulled over and ordered to exit their vehicle by two State Troopers. In addition, Trooper Smith’s testimony lacked credibility regarding his observations of Defendant. For example, Defendant’s actions as seen on the video do not support the level of nervousness described by Trooper Smith. In addition, Trooper Smith’s testimony that Defendant’s heart was pounding so hard that you could see it through his t-shirt strains credulity. Trooper Smith had visually observed Defendant for less than a minute from the passenger side of the car, looking across the passenger, Fink. Trooper Smith’s credibility is also undermined by the apparent inconsistency between his concern that Defendant may have been armed, and his cordial demeanor towards Defendant after Defendant exited the vehicle, and the delay in conducting a frisk on him for weapons.