When defendant made a move with his arm, the officer could grab his arm for officer safety. That resulted in the officer seeing a holster and that justified a full search of the person. Ultimately, it was justified as incident to arrest. United States v. Orrick, 2016 U.S. Dist. LEXIS 157888 (E.D. Tenn. Oct. 25, 2016).<\/p>\n
The stop was with reasonable suspicion and the smell of medical marijuana was probable cause. United States v. Gonzalez, 2016 U.S. Dist. LEXIS 158707 (W.D. Mo. Oct. 31, 2016).*<\/p>\n
The officer had no reasonable suspicion to continue defendant\u2019s detention for alleged unlawful use of a vehicle because of his nervousness, vaguely saying he borrowed it from \u201cmy friend,\u201d and the fact the officer could find no connection between defendant and the owner, which wasn\u2019t really even possible. State v. Dawson<\/a>, 282 Ore. App. 335 (Nov. 16, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":" When defendant made a move with his arm, the officer could grab his arm for officer safety. That resulted in the officer seeing a holster and that justified a full search of the person. Ultimately, it was justified as incident … Continue reading