James Monroe in his annual message to Congress. Included in this protection is the requirement that searches be supported by warrants based on probable cause. lovers exchanging furtive glances clandestine implies secrecy usually for an evil, illicit, or unauthorized purpose and often emphasizes the fear of being discovered. (pp. Id.

The Court opined that danger to an officer . See generally Roberson v. State, 54 Ark.App. 1983) (defendant's moving fast and leaning forward as officer approached did not create reasonable suspicion justifying a stop);  People v. Superior Court of Yolo County, 3 Cal.3d 807, 91 Cal.Rptr. In reversing the trial court's ruling that the search was not reasonable, we said:Additionally, there are two decisions within this jurisdiction which lead to the same result. Id. SeeSmith, supra, 134 N.J.at 618. See Pennsylvania v. Mimms, 434 U.S. 106, 111 n. 6, 98 S.Ct. It has been neither reviewed nor approved by the Supreme Court. Here, the furtive movements inside the car were specific and articulable facts that warranted heightened caution and justified removal of the passenger, placing the detectives in a position lawfully to observe the contraband in plain view. Furtive movements may satisfy the heightened caution standard. The officer asked the passenger to get out of the car and conducted a patdown, which resulted in the recovery of a pistol and a quantity of white powder. Defendant contests the State s assertion that Sloaneoverruled Smith, pointing out that this Court reaffirmed Smith s holding in State v. Mai, 202 N.J.12, 22, 24-25 (2010).Defendant also contends that the seatbelt violation did not create heightened caution warranting S.R. On the following day, the court made supplemental findings of fact, specifically crediting the testimony of Officer Green and finding that the movements by appellant were an “unambiguous effort to conceal.” In any appeal challenging the denial of a motion to suppress evidence, “the facts and all reasonable inferences therefrom must be viewed in favor of sustaining the trial court.”  Peay v. United States, 597 A.2d 1318, 1320 (D.C.1991) (en banc) (citations omitted). Smith, supra, 134 N.J.at 609, 611.

These actions caused Fiechtner concern for his safety. The officer 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.”  * * *Accepting these rules as representing bedrock constitutional law, it remains to apply them to the factual base [of the case]. He described the Georgia Avenue corridor as “high crime, violent crime, it's high narcotics, it's high everything-burglaries, robberies.”   He also said that he had had previous experience with people engaging in similar movements after being pulled over, resulting in the discovery of weapons beneath their seats.Officer Green approached the car with his hand on his gun, but he did not pull it out of its holster. Id.at 607.We rejected the argument that the officers automatic authority to remove drivers extends to passengers, emphasizing that passengers are different from drivers because the passenger has not engaged in the culpable conduct that resulted in the vehicle s stop. s removal, including any constitutional implications of the search and seizure.

In actuality, the Fourth Amendment “protects people, not places.”  Katz v. United States, 389 U.S. 347, 351, 88 S.Ct. In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. Our position with respect to automatic authority to order passengers out of a vehicle has not changed: officers may remove passengers only when the circumstances present reason for heightened caution.In applying the heightened-caution standard to the facts of this case, we apply a deferential standard of review to the motion judge s factual findings made at the suppression hearing. Determining whether a search or seizure is unreasonable is most effectively accomplished by looking to the “reasonableness in all the circumstances of the particular governmental invasion of a citizen's personal security.”  Terry, 392 U.S. at 19, 88 S.Ct. at 237 (citations omitted). He then saw the front seat passenger “immediately began reaching around her seat area. 2d at 337. 882, 885, 137 L.Ed.2d 41 (1997)(“On the public interest side of the balance, the same weighty interest in officer safety is present regardless of whether the occupant of the stopped car is a driver or passenger.”);  United States v. Patterson, 885 F.2d 483, 484-85 (8thCir.1989)(“Police may ․ take appropriate action to ensure their own protection while carrying out a search warrant.”);  Tilton, 1997 SD 28, ¶ 18-21, 561 N.W.2d at 665-66 (sheriff could search defendant when sheriff reasonably believed defendant may have been carrying a weapon).

at 24, 88 S.Ct. Ashbrook was charged with possession of a controlled substance, possession of marijuana, possession of drug paraphernalia, and driving without a license. Fiechtner did not open the pouch on the top of the stack that he concluded would be too small to contain a weapon;  he only searched the pouch that was large enough and heavy enough to hold a weapon. Id.at 248. 3469, 3481, 77 L.Ed.2d 1201 (1983). joint doctrine’s capstone JP 1, Doctrine for the Armed Forces of the United States. SeeState v. Elders, 192 N.J.224, 245 (2007). The detectives placed defendant and S.R.

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