A series of furtive gestures was reasonable suspicion and permitted defendant\u2019s patdown. United States v. Pacheco, 2015 U.S. Dist. LEXIS 117786 (S.D.Ohio September 3, 2015)*:
\n<\/p>\n
In the case sub juice, Officer Trivette made several detailed observations that led him to pat down Mr. Pacheco: (1) Detective Best relayed information about a tip that two Hispanic males driving a Lincoln Aviator were involved in cocaine distribution; (2) Mr. Pacheco appeared nervous in the car; (3) Mr. Pacheco looked back and forth to avoid eye contact with Officer Trivette; (4) Mr. Pacheco avoided conversation with Officer Trivette; (5) Mr. Pacheco disregarded Officer Trivette’s commands to exit his vehicle; (6) Mr. Pacheco shuffled through the glove box, making furtive gestures; (7) Mr. Pacheco looked down to the floorboard under his seat; (8) Officer Trivette could not identify Mr. Pacheco; (9) the stop occurred at night when it was dark; and (10) the stop occurred in a high crime area. See Graham, 483 F.3d at 439 (reasonable suspicion existed based on anonymous tip and defendant’s furtive movements); Caruthers, 458 F.3d at 466 (noting that an individual’s “[f]urtive movements” and evasive behavior are relevant to determining whether an officer’s suspicion was reasonable); United States v. Richardson, 310 F. App’x 1, 5-6 (6th Cir. 2008) (relying, in part, on anonymous tips to the police to justify an officer’s Terry pat down); United States v. Ross, 91 F. App’x 482, 484 (6th Cir. 2004) (relying, in part, on a lack of identification and failure to make eye contact as reason to justify Terry pat down); United States v. Stennis, 457 F. App’x 494, 500 (6th Cir. 2012) (“an officer may draw upon his experience” to form a reasonable suspicion).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
A series of furtive gestures was reasonable suspicion and permitted defendant\u2019s patdown. United States v. Pacheco, 2015 U.S. Dist. LEXIS 117786 (S.D.Ohio September 3, 2015)*:<\/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-18732","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\/18732","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=18732"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18732\/revisions"}],"predecessor-version":[{"id":18761,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18732\/revisions\/18761"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18732"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18732"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18732"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}