Officers pointing their sidearms at a group of men wasn’t necessarily a seizure. At any rate, it was with reasonable suspicion. “Despite Williams’ argument to the contrary …, the officers’ display of their guns, without any physical contact, did not qualify as ‘an application of physical force.’ See United States v. Waterman, 569 F.3d 144, 146 (3d Cir. 2009) (‘While 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.’).” Nettles v. Stange, 2021 U.S. Dist. LEXIS 96905 (D.N.J. May 21, 2021).
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. “After he was Mirandized, Williams admitted that he had ‘a little weed’ 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).*