Officers pointing their sidearms at a group of men wasn\u2019t necessarily a seizure. At any rate, it was with reasonable suspicion. \u201cDespite Williams’ argument to the contrary \u2026, the officers’ display of their guns, without any physical contact, did not qualify as \u2018an application of physical force.\u2019 See United States v. Waterman, 569 F.3d 144, 146 (3d Cir. 2009) (\u2018While this act [of police officers drawing their guns] definitely constituted a display of force, we conclude that it fell short of the physical force required under Hodari D.\u2019).\u201d Nettles v. Stange, 2021 U.S. Dist. LEXIS 96905 (D.N.J. May 21, 2021).<\/p>\n\n\n\n
The court considers the untimely motion to suppress in April 2020, despite the fact defense counsel offered no justification, because of the pandemic and probably inability to meet with clients. [What about the fact it took 13 months to rule on it?] A valid traffic stop occurred. Then defendant had no ID on him. That prolonged the stop. \u201cAfter he was Mirandized, Williams admitted that he had \u2018a little weed\u2019 in his car. His admission was clearly evidence of criminal activity, and probable cause to search the vehicle.” United States v. Williams, 2021 U.S. Dist. LEXIS 96856 (S.D. Ind. May 21, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Officers pointing their sidearms at a group of men wasn\u2019t necessarily a seizure. At any rate, it was with reasonable suspicion. \u201cDespite Williams’ argument to the contrary \u2026, the officers’ display of their guns, without any physical contact, did not … Continue reading