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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 CourtListener

Sourced 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.