“Just as numerous courts have stated nervousness cannot be a reliable indicator of criminal activity, loudly asserting one’s right to terminate an encounter with officers does not provide reasonable suspicion for continued investigation of suspected criminal activity.” United States v. Arrington, 2020 U.S. Dist. LEXIS 27765 (E.D. Mich. Feb. 19, 2020):
Finally, none of the factors Norris relied upon is accompanied by more suspicious factors that Norris pointed to. The totality of the circumstances demonstrates that Norris did not have a reasonable suspicion that Arrington was engaged in criminal activity or that criminal activity was afoot.
E. Arrington’s “Flight” Did Not Purge the Taint From Any Unlawful Seizure
The Government argues that — even if the initial seizure was unlawful — police had probable cause to arrest Arrington for his flight, purging the taint from any unlawful seizure. This argument is meritless.