Wednesday, October 14, 2020

US v. Bontemps, No. 19-10195 (10-13-20)(Bress w/Nelson; dissent by Gwin). This is a Terry stop decision. The majority affirmed the district court’s denial of a suppression motion. The majority holds there was no clear error in a Terry stop based on an officer observing a bulge under a sweatshirt. The majority concluded that an officer, under the totality of circumstances, had reasonable suspicion to conclude that a noticeable bulge under a sweatshirt could be a weapon in a shoulder holster. In California, carrying such a concealed weapon may be unlawful. The defendant, when stopped, was a prohibited possessor.

Dissenting, Gwin argued that a sweatshirt bulge, without other corroborating evidence, did not satisfy objectively reasonable and particularized suspicion that would support a Terry stop.

Hard fought appeal by Ann McClintock, AFPD, Cal E (Sacramento).

The decision is here:


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