LA4: Nervousness and furtiveness of person clutching bag on Bourbon St during Halloween crowd justified stop to check for weapons

It was Halloween on Bourbon Street, which is the largest crowd in New Orleans other than Mardi Gras. Defendant was stopped for his suspicious behavior on seeing EMS personnel, and he quickened his pace and tucked his bag under his arm and looked furtively. Crediting the officers’ experience, where they had seized at least 55 weapons off people in the French Quarter, they had reasonable suspicion to stop him and inquire. State v. Dupart, 2019 La. App. LEXIS 1807 (La. App. 4 Cir. Oct. 16, 2019).

The fact defendant’s parole officer had a belief that defendant had committed a crime doesn’t matter: he can’t only conduct parole searches for mere supervision, and he can do criminal enforcement, too. His subjective intent isn’t relevant. And, just because a parole search occurred at 9:30 pm it was not unreasonable or harassing, and it would not be suppressed on that ground. United States v. Moore, 2019 U.S. Dist. LEXIS 179964 (N.D. W.Va. Oct. 4, 2019), adopted, 2019 U.S. Dist. LEXIS 178639 (N.D. W.Va. Oct. 16, 2019).

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