STATE OF NEW JERSEY VS. RICHARD BARD
(NEWLY PUBLISHED FOR APRIL 19, 2016)
In this police citizen encounter, we examine whether the totality of presented facts and circumstances, including defendant's refusal to comply with a police directive to show his hands, support an objectively reasonable suspicion defendant was armed, justifying detention and a limited protective frisk for weapons. We distinguish the factual circumstances described from those set forth in United States v. Davis, 94 F. 3d 1465 (10th Cir. 1996), wherein the court concluded investigatory detention was not justified under facts that included the defendant's pocketed hands. Noting any analysis turns on individualized facts, in this matter the decision to stop and frisk was constitutionally supported because defendant appeared nervous and moved his hand to his back pocket as he walked toward police at 1:30 a.m., in the high crime area, then continued to conceal his hand, despite requests for him to expose it to the officer's view. Suppression was properly denied.