{"id":2237,"date":"2008-08-31T19:49:35","date_gmt":"2008-07-08T08:10:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-08T08:10:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2237","title":{"rendered":"CA6: Reaching to small of back on seeing police in a high crime area was reasonable suspicion"},"content":{"rendered":"

On getting out of a car in a high crime area, defendant saw the police, hunched over, and reached to the small of his back. The officer could reasonably conclude he was reaching to check on a weapon or drugs and not just putting his wallet away. United States v. Pearce<\/a>, 2008 U.S. App. LEXIS 14187, 2008 FED App. 0240P (6th Cir. July 3, 2008):<\/p>\n

Officer Johnson reasonably suspected that “Johnson had a weapon and was getting ready to fire.” J.A. at 75-76. Indeed, even from a layman’s perspective, Johnson’s behavior, while susceptible of an innocent explanation–Johnson may have simply been trying to put his wallet away–might also have been reasonably viewed as an attempt to conceal a weapon and\/or other contraband material, such as narcotics, from a police officer who had just appeared on the scene. See Arvizu<\/em>, 534 U.S. at 277 (“A determination that reasonable suspicion exists … need not rule out the possibility of innocent conduct.”). When combined with the fact that Johnson was engaged in such behavior in an area known for criminal activity and on a street where a crime-related homicide had recently occurred, Officer Shaughnessy’s observations provided a sufficient basis for temporarily detaining Johnson to determine whether or not he was actually engaged in wrongdoing. ,,,<\/p><\/blockquote>\n

Attempted murder conviction reversed because the trial court failed to conduct a suppression hearing on defendant’s motion which made a prima facie case. Defendant did not even request a hearing in the motion. Somee v. State<\/a>, 187 P.3d 152, 124 Nev. Adv. Rep. 42 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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