{"id":10846,"date":"2014-04-13T00:03:06","date_gmt":"2014-04-13T06:03:06","guid":{"rendered":"http:\/\/fourthamendment.com\/wordpress\/?p=10846"},"modified":"2014-04-14T03:19:19","modified_gmt":"2014-04-14T09:19:19","slug":"or-no-rs-for-frisk-defendant-made-no-furtive-movements-and-asked-why-the-need-for-a-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=10846","title":{"rendered":"OR: No RS for frisk; defendant made no furtive movements and asked why the need for a search"},"content":{"rendered":"<p>The officer lacked reasonable suspicion that defendant was armed to justify a frisk. Defendant, inter alia, made no furtive movements, and asked why the officers had to search him and his demeanor changed when it came up. Nothing here indicates risk of a weapon.  Reversed. <a href=\"http:\/\/www.publications.ojd.state.or.us\/docs\/A149058.pdf\">State v. Rodriguez-Perez<\/a>, 2014 Ore. App. LEXIS 433 (April 9, 2014)*:<\/p>\n<p><!--more--><\/p>\n<blockquote><p>Gryphon testified that he was concerned by the change in defendant&#8217;s demeanor at the mention of weapons, specifically that defendant became &#8220;very agitated&#8221; after having been calm only moments before. Gryphon testified that the following facts led him to be concerned that defendant might be armed: (1) defendant was staring at Ockunzzi&#8217;s interaction with his brother; (2) defendant did not answer Gryphon&#8217;s questions and would not make eye contact with him; (3) defendant was glancing around and looked over his shoulder; (4) defendant took steps away from Gryphon; (5) defendant asked Gryphon why the officers had to search them; and (6) defendant just stared at Gryphon when Gryphon asked whether defendant was armed. Ockunzzi testified that the brother&#8217;s prior concealed-firearm arrest made him think that either man might be armed.<\/p><\/blockquote>\n<p>Note: The usual scenario is that the defendant was excessively nervous and seemed agitated or put his hands in his pockets. Here, there&#8217;s really nothing, and every thing the defendant did was consistent with innocence. He watched the officer hassling his brother; he didn&#8217;t answer questions (which he had a right to do); he stepped back because the officer was going to invade his personal space; he asked why they had to be searched (which he had a right to do). <\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer lacked reasonable suspicion that defendant was armed to justify a frisk. Defendant, inter alia, made no furtive movements, and asked why the officers had to search him and his demeanor changed when it came up. Nothing here indicates &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=10846\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-10846","post","type-post","status-publish","format-standard","hentry","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10846","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10846"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10846\/revisions"}],"predecessor-version":[{"id":10847,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10846\/revisions\/10847"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10846"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10846"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10846"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}