In re A.C. CA4/2

BACKGROUND

In December 2023, a police officer made a traffic stop. The car had seven people

inside—five in the back, including A.C., and two in the front. After the officer turned on

his lights and initiated the stop, the car took several seconds and about a fifth of a mile to

come to a stop. The officer later testified that in his experience cars “slow roll” after an

officer initiates a stop to allow someone to conceal contraband. A.C. was the rightmost

rear passenger, and the passenger to his immediate left had a seven- or eight-year-old

child sitting on their lap. During this time the officer saw A.C. moving a lot and ducking

down multiple times. A.C. was the only passenger the officer saw move like that.

After all the occupants of the vehicle exited, the officer searched the car from front

to back. He found a loaded gun under the front passenger seat, closer to the rear of the

car, in front of where A.C. was seated. Reaching from the front, the officer had to stick

his arm up to his elbow under the seat to reach the gun. The gun was also covered with

trash such that he could not see it from the rear without moving the trash. According to

the officer, where he…