He admitted owning the gun, but he said he had put it under the seat two months earlier when he had purchased it and had not moved it since then.The court ruled that appellant's movements, when viewed from the perspective of a reasonable and experienced police officer, were sufficient to support a reasonable suspicion that appellant had a gun. denied, 507 U.S. 1042, 113 S.Ct. We review the trial court's findings of fact for clear error and its conclusions of law de novo. Although attempting to flee from the police can contribute to reasonable suspicion, see Cousart v. United States, 618 A.2d 96, 99 (D.C.1992) (en banc), cert. The case most similar to the one at bar is United States v. Green, 151 U.S.App.D.C.
He explained that he usually reclined his seat in his car, so that he had to sit up and lean forward to reach the radio dial. As he got out of his police car and approached the Tempo, Officer Green continued to watch appellant. Rather, the courts invoke the conventional wisdom that as a matter of common sense certain conduct, for example, furtive movement, flight, bulges in clothing, and suspect location, indicates criminal conduct. at 36, 465 F.2d at 621. United States v. Walraven, 892 F.2d 972, 975 (10th Cir.1989) (upholding investigative detention, made for safety reasons, based in part on the defendant's “failure to promptly stop” the car that he was driving). The patdown resulted in the recovery of a pistol from Powell's waistband.The trial court held that the police had reasonable suspicion to frisk Powell. ¶ 2 Respondent T.B., born July 24, 2001, was charged in a petition for adjudication of 131, 240 F.3d 55 (2001), in which a search was held to be reasonable based in part on a furtive gesture described by the police officer as follows: “I saw the defendant lean all the way forward ․ almost ducking out of my sight. There are several cases that deal with the issue of a police officer's reasonable suspicion based on so-called “furtive” movements. When he got all the way down, I could pretty much just see his head, and ․ just one eye, maybe two, and then he sat back up.Officer Green also noticed that appellant's eyes were “wide” and that he “looked kind of scared.”“Based on experience, the movement, [and] gestures,” Officer Green believed appellant was pulling a gun from his waist and putting it under the seat. Nonetheless the supreme court interestingly does not assign much if any signficance to this (non-)factor (though the court does draw attention to the high-crime case Kyles because even there a frisk was unsupported), ¶42. Edmonds, 345 U.S.App.D.C. He now argues that the police did not have specific and articulable facts which would allow them to conduct a protective search of his car. at 350; see Thomas, 314 A.2d at 468 (“It is to be expected that persons who are being pursued by police officers will seek to hide contraband such as an illegal weapon” (citation omitted)); United States v. Johnson, 341 U.S.App.D.C. When the officer used his public address system to get the driver's attention, he “observed appellant reach down below the front seat of the automobile toward the floorboard and apparently place something under the seat.” Id. at 27, 88 S.Ct. at 38, 465 F.2d at 623. An articulable suspicion is “substantially less than probable cause,” but more than a mere “hunch” or “gut feeling.” See Brown v. United States, 590 A.2d 1008, 1014 (D.C.1991). 1868, 20 L.Ed.2d 889 (1968), the Supreme Court established the test for determining when a police officer may permissibly stop someone and conduct “a reasonable search for weapons for the protection of the police officer” without a warrant and without probable cause. See In re R.M.C., 719 A.2d 491, 494 (D.C.1998) (citation omitted). The government, on the other hand, asserts that appellant's movements, when considered together with his failure to stop immediately, the nature of the neighborhood as a high crime area, and Officer Green's experience, raised a reasonable suspicion in the officer's mind that appellant had a gun.
at 38, 465 F.2d at 623. See Super. Therefore, this argument was without merit and the limited search for weapons was permissible.
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