FL1: Defendant’s refusal to keep hands out of pockets during talk with officer coupled with nervousness justified patdown

Defendant was riding a bicycle, and the officer stopped his car without lights and got off. Defendant stopped and talked to the officer. Defendant exhibited nervousness and was fidgety and putting his hands in his pockets. The officer told him to keep his hands out, but he didn’t. That justified a patdown, and cocaine was subject to plain feel. June v. State, 131 So. 3d 2 (Fla. 1st DCA 2012).*

At the guilty plea, it appeared that the search of defendant was valid, and he clearly knew that he was waiving a motion to suppress by pleading guilty. “The record demonstrates that Williams chose to proceed as he did because the search appeared lawful, and he concluded it would be in his best interest not to challenge it.” It also didn’t help that he said he pled guilty not knowing that he’d probably be deported when the guilty plea transcript shows that was clearly discussed. Williams v. United States, 2012 U.S. Dist. LEXIS 167668 (W.D. Ky. November 27, 2012).*