First Circuit· 11/1/2005
United States v. McKoy
Citations
- 428 F.3d 38
- 2005 U.S. App. LEXIS 23555
- 2005 WL 2850962
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that nervousness during a traffic stop did not permit a finding of reasonable suspicion necessary to conduct a “frisk” of the defendant
- noting that the officer must have a separate particularized, objective basis for “believing that the person is armed and dangerous to the officer or others” to support a protective frisk
- “It is insufficient that the stop itself is valid; there must be a separate analysis of whether the standard for pat-frisks has been met.”
- a traffic violation in a high crime area and a nervous driver insufficient to justify a pat-frisk
- “Nervousness is a common and entirely natural reaction to police presence . . .”
- \Nervousness is a common and entirely natural reaction to police presence ...\
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Campbell, Stahl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.