LA4: Juvenile tugging at pants belies a gun and justifies a frisk

Officers received reports of violence near certain Mardi Gras parades, and they were watching one. The juvenile’s actions were clearly indicative of moving and adjusting a firearm at his waistband. That was reasonable suspicion for a stop, and removal of the gun was proper. State in the Interest of D.F., 122 So. 3d 1193 (La. App. 4 Cir. 2013).*

Defendant was stopped because of a potential emissions sticker issue: was it valid or temporary? That couldn’t be determined without a stop, which is conceded as valid. Defendant was suspected of being under the influence during the stop. Reasonable suspicion had not been dispelled at that point, so the DUI arrest was valid. State v. Dalton, 165 N.H. 263, 75 A.3d 1140 (2013).*

Defendant was lawfully stopped because he was walking down the center of the street. He consented to a patdown, and an Advil bottle fell from his pocket when he removed his hands. He denied possession of the bottle, so it was treated as abandoned. State v. Williams, 119 So. 3d 544 (Fla. 1st DCA 2013).*