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Home / Opinion Digests / Criminal – Terry Stop & Frisk – Silence – Hands Lifted & Nod – No Consent (access required)

Criminal – Terry Stop & Frisk – Silence – Hands Lifted & Nod – No Consent (access required)

Where defendant never affirmatively responded to a police officer's request to pat him down but merely raised his hands half-way up and nodded, the defendant did not comply with the pat down, and controlled substances seized as a result of this illegal pat down should be suppressed. The court found at the suppression hearing that the ...