MA: Officer was mistaken that defendant had nunchuck next to him in car, but defendant made furtive movement too

Officer’s observation during traffic stop that defendant possessed a nunchuck was justification for the officer opening the door and removing defendant from the car. It turned out to be a bullwhip, but the officer’s safety concerns were exacerbated by defendant reaching for his right hip. Commonwealth v. Rosado, 84 Mass. App. Ct. 208, 995 N.E.2d 95 (2013).*

Questions about the driver picking up a passenger from the bus station were reasonable, as was the fifteen minutes the stop took until consent was granted. The passenger said he came in from Toledo and threw away the ticket at the restaurant, and another officer retrieved the ticket at the restaurant saying he came from Detroit “piquing the officer’s interest” and justifying extending the stop. United States v. Locklear, 2013 U.S. Dist. LEXIS 124234 (E.D. Ky. August 30, 2013).*

Post-conviction claim that officer lied during suppression hearing was barred because it was resolved in the direct appeal. Jackson v. State, 2013 Ala. Crim. App. LEXIS 69 (August 30, 2013).* (Alabama is still the only court in North America that charges for it’s opinions. Why is that?)

This entry was posted in Uncategorized. Bookmark the permalink.

Comments are closed.