United States v. Johnson, Robert Lee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant sitting in parked car did not submit to police when he made “continued furtive gestures” including “shoving down” motions “suggestive of hiding (or retrieving) a gun”
• concluding that the defendant’s “shoving down” motions with his hands were motions “which a reasonable officer could have thought were actually suggestive of hiding (or retrieving) a gun”
• concluding that the defendant’s “shoving down” motions with his hands were motions “which a reasonable officer could have thought were actually suggestive of hiding (or retrieving) a gun”
• reasoning that “continued furtive gestures” in response to being confronted by a police officer is “suspicious enough to support a reasonable belief that [a defendant] may have been engaged in criminal activity”
• stating that “we doubt very much” whether seizure would have been valid at earlier point in time because it was not clear defendant was aware that officer in unmarked car was law enforcement
• noting necessity of remand where there is “genuine uncertainty about what the district court did”

Source: CourtListener parenthetical corpus (CC0).