Does the manner of walking and avoidance of eye contact constitute a factor in determining reasonable suspicion?

MultiRegion, United States of America

The following excerpt is from United States v. Weaver, 18-1697-cr (2nd Cir. 2021):

[68] See Wardlow, 528 U.S. at 124 ("In this case, . . . it was not merely respondent's presence in an area of heavy narcotics trafficking that aroused the officers' suspicion, but his unprovoked flight upon noticing the police. Our cases have . . . recognized that nervous, evasive behavior is a pertinent factor in determining reasonable suspicion."); see also Santillan, 902 F.3d at 57 (finding nervous behavior and avoidance of eye contact factors that support reasonable suspicion); Padilla, 548 F.3d at 187 (upholding suspicious manner of walking as a factor supporting reasonable suspicion); United States v. Paulino, 850 F.2d 93, 9798 (2d Cir. 1988) (upholding search for weapons under car floor mat after the defendant was observed making furtive movement in that direction). Cf. Dancy v. McGinley, 843 F.3d 93, 110 (2d Cir. 2016) (finding no reasonable suspicion in part because the defendants "did not . . . appear[] nervous, attempt[] to conceal anything, change[] direction, r[un] away, quicken[] their pace, or ma[ke] furtive gestures").

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