NE: Reach under seat during traffic stop was RS

The officer suspected that a wanted person was in the car defendant was in and stopped it. As he approached the car, the driver reached under the seat. The wanted person wasn’t found, but there was reasonable suspicion from the furtive movement of the driver reaching under the seat. State v. Rogers, 297 Neb. 265, 2017 Neb. LEXIS 112 (July 21, 2017).

Plaintiffs were in a truck hauling scrap metal, and they were snitched off as carrying marijuana. After the truck was stopped for the truck being overweight, a drug dog was brought in which alerted. The truck was searched, and bales of aluminum cans were scattered all over to facilitate the search, but nothing was found. It was moved to a truck service company for further search of the truck and load, and still nothing was found. Plaintiffs state enough to go forward in the face of a summary judgment motion on the factual basis for the stop. At no point could the defense muster a fact showing an objective belief the truck was overweight. Carter v. Hamaoui, 2017 U.S. App. LEXIS 13231 (6th Cir. July 20, 2017).*

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