Oct 202011
 
 October 20, 2011  Court, Surveillance

Oh good grief!

From FourthAmendment.com, we learn that if you’re female and keep your legs close together, that may constitute reasonable suspicion for the police in Florida to conduct a pat-down search of you.  Didn’t our mothers always tell us to keep our legs close together?

A woman wearing baggy clothes but keeping her legs close together was a factor in reasonable suspicion[!]. United States v. Gilmore, 2011 U.S. Dist. LEXIS 119609 (S.D. Fla. October 4, 2011)*:

Based on the totality of the circumstances, we conclude that the officers had reasonable suspicion to detain and search the Defendant. Also, the officers had probable cause to arrest and conduct a pat-down search incident to that arrest. The salient objective facts supporting our conclusion are: 1) Officer Cardeso observed an individual pass a marijuana cigar, he smelled the odor of burnt marijuana and observed smoke (reasonable suspicion to investigate); 2) Officer Sosa observed Defendant drop a small bag that looked to contain marijuana (probable cause to arrest); and, 3) because Defendant wore baggy clothes, acted nervously, was fidgety, and kept her legs close together, Officer Gamez was justified to search Defendant for concealed narcotics or a weapon (reasonable suspicion to conduct pat-down search).

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