E.D.N.C.: Refusal to show hands justifies patdown

Having to tell the defendant repeatedly to keep his hands visible is reasonable suspicion for a patdown for weapons. United States v. George, 2012 U.S. Dist. LEXIS 114940 (E.D. N.C. August 15, 2012)*:

In applying the totality of the circumstances test, courts look to numerous factors including the time, place and purpose of the encounter, United States v. Weaver, 282 F.3d 302, 310 (4th Cir. 2002); the overall context of the traffic stop, United States v. Digiovanni, 650 F.3d 498, 514 (4th Cir. 2011); Defendant’s nervous, evasive demeanor, Branch, 537 F.3d at 338; Defendant’s delay in complying with the Officer’s command to place his hands in plain view, United States v. Mayo, 361 F.3d 802, 807 (4th Cir. 2004) and contradictory and inconsistent statements obtained from the driver of the vehicle, Powell, 666 F.3d at 188.

The defendant failed to show that the U.S. government was not so involved with this Colombian wiretap that it was a U.S. operation or would “shock the conscience,” and the motion to suppress it is denied. United States v. Larrahondo, 2012 U.S. Dist. LEXIS 114640 (D. D.C. August 15, 2012).*