E.D.N.Y.: Feeling apparent weapon during patdown allows officer to go inside clothing

Feeling a weapon during a patdown allows the officer to go beyond the outer clothing to retrieve it. United States v. Hightower, 2020 U.S. Dist. LEXIS 112557 (E.D. N.Y. June 26, 2020).

Defendant stopped his vehicle in an intersection where he had the right of way and no stop sign. The officer at the stop sign on the side street pulled him over. The stop was without reasonable suspicion for stopping in the intersection. State v. Colby, 2020 Tex. App. LEXIS 4769 (Tex. App. – Austin June 25, 2020).*

“Here, information provided information by a reliable confidential informant and the investigating officers’ collective observations of Davis’s nervousness and unusual behavior of ‘grabbing at his crotch area a lot after he was asked out of the vehicle, adjusting himself, [and] wanting to sit down’ provided reasonable suspicion for Davis’s temporary detention to allow the drug-detection dog to perform an open-air sniff.” Davis v. State, 2020 Tex. App. LEXIS 4770 (Tex. App. – Austin June 26, 2020).*

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