Judge Alison Nathan
Police officers patrolling a high-crime area observed Harris acting furtively after they saw a man run from his direction. Officer Jean believed Harris placed an object in his pants before entering a car as a passenger. Jean told partners Gee and Villavizar that he suspected Harris had a gun. The officers stopped—and approached—the car for a traffic violation. Jean told his partners to “be careful,” and observed Harris searching for something. Villavizar observed Harris acting nervous and fidgeting. He asked Harris to exit the car, placing his hand on Harris’ back to guide him to the car’s rear. Villavizar felt an object he believed was a handgun’s grip. He secured Harris’ hands and retrieved a gun from Harris’ waistband. Indicted for being a felon in possession of a firearm, district court denied Harris the gun’s suppression. The car’s stop was based on reasonable suspicion of a traffic violation and, under the totality of circumstances, the officers had reasonable suspicion to believe Harris armed and dangerous. Such suspicion was strengthened when Villavizar felt what he believed was a gun as a result of his ‘incidental touching” of Harris—permitted under the “plain touch” doctrine—when guiding Harris to the car’s rear for further questioning.
