W.D.N.C.: Not 4A violation to order def to keep hands visible

It is not a violation of the Fourth Amendment to tell the defendant to keep his hands visible and not reach in the car during a stop. If a person can be ordered out of the car for officer safety, that’s not burdensome at all. United States v. Minor, 2022 U.S. Dist. LEXIS 145906 (W.D.N.C. Aug. 16, 2022).

The exclusionary rule does not apply in § 1983 cases. Klein v. Steinkamp, 2022 U.S. App. LEXIS 22692 (8th Cir. Aug. 16, 2022).

“[W]hether Defendant actually committed the violations identified by Nowicki is not the issue; the issue is whether Nowicki reasonably believed that a traffic violation had occurred.” He did. United States v. Hawari-Rasulullah, 2022 U.S. Dist. LEXIS 145808 (M.D. Pa. Aug. 15, 2022).*

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