S.D.Miss.: Acting “shifty” during a stop justified patdown for officer safety

The patdown here was reasonable for officer safety because defendant was known to associate with firearms, wore baggy clothing that could have concealed a firearm, and he was acting “shifty” and “favoring his pockets.” United States v. Gillin, 2023 U.S. Dist. LEXIS 27180 (S.D. Miss. Feb. 17, 2023).*

The plastic bag with meth residue in it satisfied the “immediately apparent” requirement of plain view. United States v. Boren, 2023 U.S. Dist. LEXIS 26998 (E.D. Tex. Feb. 3, 2023).*

A part time judge’s client was the victim of a shooting. The police got a search warrant for some of the client’s phone records. The judge, incensed, called the officers into court in the same building and chastised them on the record in front of the audience, calling one a racist. This had nothing to do with judicial duties. Reprimanded; 60 day suspension, $1500 fine, and the circuit judge will read the reprimand to him in front of the next jury panel. Miss. Comm’n on Judicial Performance v. Moore, 2023 Miss. LEXIS 47 (Feb. 16, 2023).*

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