{"id":11052,"date":"2014-04-19T06:34:14","date_gmt":"2014-04-19T11:34:14","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=11052"},"modified":"2014-04-19T06:36:02","modified_gmt":"2014-04-19T11:36:02","slug":"ia-rs-for-a-frisk-developed-from-furtive-looks-and-body-movement","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=11052","title":{"rendered":"IA: RS for a frisk developed from furtive looks and body movement"},"content":{"rendered":"

Three men were stopped. While Iowa has not adopted the “automatic companion rule,” reasonable suspicion developed from furtive looks and body movement justifying a frisk of two. When one was asked about a weapon, he put up his hands and backed away. An officer doesn’t have to risk getting shot in the back when outnumbered. State v. Price<\/a>, 2014 Iowa App. LEXIS 428 (April 16, 2014):
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Iowa has not adopted the “automatic companion rule.” Nevertheless, presence of a companion of an arrestee at the time and point of the arrest is an important factor to be considered in determining whether a law enforcement officer has a clear articulable reason to believe he is in danger from a companion who could be armed and dangerous. Other factors present that raised reasonable concern were as follows: (1) the location was in an area where the officer had frequently investigated; (2) Price was unable to provide identification; (3) the officers were outnumbered and one of the officers was concentrating on the arrestee; (4) a furtive glance was made towards Price when the two parties accompanying Shivers were asked for their names; (5) body language of the two men indicated something was amiss; and (6) when asked if he had a weapon, Price put up his hands up and backed away. “The officers need not be absolutely certain that the individual is armed; the issue is whether a reasonably prudent man in the circumstances would be warranted in the belief that his safety or that of others was in danger.” Terry v. Ohio, 392 U.S. 1, 27 (1968). Applying that standard to the factors Roetman was able to clearly articulate, there was justification to conduct the pat-down search. Once the weapon was found, Price was subject to arrest, and a search incident to the arrest was appropriate.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Three men were stopped. While Iowa has not adopted the “automatic companion rule,” reasonable suspicion developed from furtive looks and body movement justifying a frisk of two. When one was asked about a weapon, he put up his hands and … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-11052","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\/11052","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=11052"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11052\/revisions"}],"predecessor-version":[{"id":11055,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/11052\/revisions\/11055"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=11052"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=11052"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=11052"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}