{"id":56109,"date":"2023-10-21T08:54:08","date_gmt":"2023-10-21T13:54:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56109"},"modified":"2023-11-02T06:05:37","modified_gmt":"2023-11-02T11:05:37","slug":"e-d-pa-drivers-failure-to-laugh-at-odd-question-during-stop-not-rs","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56109","title":{"rendered":"E.D.Pa.: Driver&#8217;s failure to laugh at odd question during stop not RS"},"content":{"rendered":"\n<p>Defendant\u2019s failure to laugh at the question of whether he had &#8220;firearms, drugs, cats, dogs, alligators, and weapons&#8221; in his vehicle stop was not reasonable suspicion. United States v. Holloway, 2023 U.S. Dist. LEXIS 187752 (E.D. Pa. Oct. 18, 2023):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Officer Smart testified that he regularly asks individuals a question concerning possession of &#8220;firearms, drugs, cats, dogs, alligators, and weapons&#8221; at vehicle stops because it &#8220;helps [him] read people&#8217;s body language and their demeanor.&#8221; \u2026 He further testified that he was trained by other officers to infer that an individual who does not laugh at such a question is nervous about either firearms or narcotics \u2026 and that he typically receives a &#8220;laughing response&#8221; to that question \u2026. While courts &#8220;do give considerable deference to police officers&#8217; determinations of reasonable suspicion, \u2026 courts do not owe them blind deference.&#8221; United States v. Alvin, 701 F. App&#8217;x 151, 156 (3d Cir. 2017) (internal quotations omitted). The Court does not find that laughing at a law enforcement officer while being questioned about drugs and weapons would be an appropriate response. Moreover, failing to laugh at a bizarre question while being questioned about drugs and weapons does not create reasonable suspicion to remove an individual from a car after a traffic violation.<\/p>\n<\/blockquote>\n\n\n\n<p>Note that the officer said he got that from other officers, not from official training.<\/p>\n\n\n\n<p>Update: techdirt: <a href=\"https:\/\/www.techdirt.com\/2023\/10\/31\/court-tells-cops-that-a-driver-not-laughing-at-an-officers-terrible-joke-is-not-reasonable-suspicion\/\">Court Tells Cops That A Driver Not Laughing At An Officer\u2019s Terrible Joke Is Not Reasonable Suspicion<\/a> by Tim Cushing<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s failure to laugh at the question of whether he had &#8220;firearms, drugs, cats, dogs, alligators, and weapons&#8221; in his vehicle stop was not reasonable suspicion. United States v. Holloway, 2023 U.S. Dist. LEXIS 187752 (E.D. Pa. Oct. 18, 2023):<\/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-56109","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56109","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=56109"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56109\/revisions"}],"predecessor-version":[{"id":56210,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56109\/revisions\/56210"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56109"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}