{"id":53883,"date":"2022-12-24T17:24:10","date_gmt":"2022-12-24T22:24:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53883"},"modified":"2023-01-05T03:57:14","modified_gmt":"2023-01-05T08:57:14","slug":"w-d-va-this-was-a-well-tuned-and-correct-hunch-by-the-officer-but-it-wasnt-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53883","title":{"rendered":"W.D.Va.: This was a \u201cwell-tuned and correct\u201d hunch by the officer, but it wasn’t RS"},"content":{"rendered":"\n

Ultimately there was not reasonable suspicion on the totality. It was essentially a \u201cwell-tuned and correct\u201d hunch. Many\u2014but not all\u2014of the remaining reasonable suspicion factors bear a close resemblance to those presented, but ultimately rejected, in United States v. Bowman, 884 F.3d 200 (4th Cir. 2018). United States v. Contreras<\/a>, 2022 U.S. Dist. LEXIS 231158 (W.D. Va. Dec. 23, 2022). Suppressed. A checklist of factors used by the officer was put into evidence:<\/p>\n\n\n\n\n\n\n\n

INDICATORS<\/strong>
\u2610 Abnormal Sweating
\u2610 Air Fresheners (Multiple)
\u2610 Anomalies (Explain)
\u2610 Anxiety
\u2610 Arm\/Hand Gestures
\u2610 Attire (Inappropriate)
\u2610 Audible\/Deep Sighs
\u2612 Avoidance
\u2610 Bite\/Chew\/Lick Lips
\u2612 Body Posture (Explain)
\u2610 Chain Smoking
\u2612 Conflicting Stories
\u2612 Cost Effective
\u2610 Currency
\u2610 Deliberate Speech
\u2610 Difficulty Swallowing
\u2610 Disassociate from Vehicle
\u2612 Disclaimers (FOP, Etc)
\u2612 Evasiveness
\u2612 Excessive Nervousness
\u2610 Eye Contact
\u2610 Facial Expressions
\u2610 Fake Smile\/laughter
\u2612 Fast Food\/Snacks Excessive
\u2612 Fatigued
\u2612 Feigned Memory Loss
\u2610 Hand Written Directions
\u2610 Heavy \/ Holding Breath
\u2610 Hesitation (Itinerary, Etc.)
\u2610 High Mileage
\u2610 Implausible Itinerary
\u2610 Single Key
\u2612 Luggage (Disproportionate)
\u2610 Map\/GPS*<\/strong>
\u2612 Multiple Cell Phones
\u2610 New Paint
\u2612 Obvious Shaking
\u2612 Older Car Recently Registered
\u2612 Overtly Cooperative
\u2610 Owner Not Present
\u2610 Pulsating Artery
\u2612 Quick Turn Around in Travel
\u2610 Rental Vehicle
\u2610 Rigid\/Frozen
\u2610 Skips Around Abruptly
\u2612 Source city\/state
\u2610 Uses qualifiers
\u2610 Voice Inflection\/Tone
\u2610 Weapons
\u2610 Yawns Continuously
\u2610 BLOC\/CCH\/EPIC\/NADDI5
\u2610 Other (Note in Narrative)<\/p><\/blockquote>\n\n\n\n

. . .<\/p>

Trooper Miller is an accomplished police officer with 19 years of total law-enforcement experience, 15 years of drug interdiction assignments, and tens of thousands of vehicle stops. Contreras rightly concedes that this trooper’s hunch is well tuned. (Hr’g Tr. 70:10-13.) And Trooper Miller was inarguably correct; someone in that truck was trafficking a large quantity of cocaine. But without more, a hunch\u2014however well-tuned and correct it may ultimately turn out to be\u2014is not sufficient under the Fourth Amendment to prolong a vehicle stop to investigate criminal activity. Wardlow, 528 U.S. at 123 (quoting Terry, 392 U.S. at 27). Under binding Fourth Circuit precedent, which this court is obligated to apply, Trooper Miller did not have reasonable suspicion that drug trafficking was afoot when he abandoned his traffic stop for a narcotics investigation.<\/p><\/blockquote>\n\n\n\n

Doesn’t every vehicle built in the last decade have GPS?<\/p>\n","protected":false},"excerpt":{"rendered":"

Ultimately there was not reasonable suspicion on the totality. It was essentially a \u201cwell-tuned and correct\u201d hunch. Many\u2014but not all\u2014of the remaining reasonable suspicion factors bear a close resemblance to those presented, but ultimately rejected, in United States v. Bowman, … Continue reading →<\/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-53883","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53883","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=53883"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53883\/revisions"}],"predecessor-version":[{"id":53966,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53883\/revisions\/53966"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53883"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53883"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53883"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}