{"id":17402,"date":"2015-05-27T00:06:10","date_gmt":"2015-05-27T05:06:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=17402"},"modified":"2015-05-24T12:09:11","modified_gmt":"2015-05-24T17:09:11","slug":"ma-flight-and-furtive-movement-to-pants-like-holding-a-gun-of-a-known-felon-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=17402","title":{"rendered":"MA: Flight and furtive movement to pants like holding a gun of a known felon RS"},"content":{"rendered":"<p>\u201cRelying on DePeiza, we have held that collective factors, including the officer&#8217;s training and nine years&#8217; experience in the district, the history of firearms in the neighborhood, the late hour, the defendant&#8217;s head movements, his continuous placement of his hand inside his pants, and his accelerating evasion of the police established reasonable suspicion of unlawful possession of a firearm. &#8230; The facts of this case support a conclusion that Commonwealth v. DePeiza is controlling and the officer had reasonable suspicion to stop the defendant.\u201d Also, defendant was known to the officer for a prior arrest for an armed home invasion. <a href=\"http:\/\/www.mass.gov\/courts\/docs\/sjc\/reporter-of-decisions\/new-opinions\/13p0774.pdf\">Commonwealth v. Colon<\/a>, 2015 Mass. App. LEXIS 54 (May 22, 2015).*<\/p>\n<p>Defendant was detained for 50 minutes during execution of a search warrant, and it was reasonable. He was ultimately arrested and Mirandized. United States v. Laborin, 2015 U.S. Dist. LEXIS 67281 (E.D.Cal. May 22, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cRelying on DePeiza, we have held that collective factors, including the officer&#8217;s training and nine years&#8217; experience in the district, the history of firearms in the neighborhood, the late hour, the defendant&#8217;s head movements, his continuous placement of his hand &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=17402\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[35],"tags":[],"class_list":["post-17402","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17402","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=17402"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17402\/revisions"}],"predecessor-version":[{"id":17403,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/17402\/revisions\/17403"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=17402"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=17402"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=17402"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}