context: The second factor has a bit more heft. A gesture (like a touching of the body) that might appear perfectly innocent to a casual onlooker (scratching oneself or feeling for a wallet, for example), depending on the setting and circumstances, may nonetheless appear suspect to an experienced officer.
citation_a.signal: no signal
citation_a.identifier: 534 U.S. 275, 275-276
citation_a.parenthetical: driver's slowing down, stiffening of posture, and failure to acknowledge a law enforcement officer in rural area combined with "methodical" waving to the officer by child passengers raised reasonable suspicion for an experienced border patrol agent
citation_a.sentence: Arvizu, 534 U.S. at 275-276, 122 S.Ct. 744 (driver’s slowing down, stiffening of posture, and failure to acknowledge a law enforcement officer in rural area combined with “methodical” waving to the officer by child passengers raised reasonable suspicion for an experienced border patrol agent).
citation_b.signal: but cf.
citation_b.identifier: 428 F.3d 38, 41
citation_b.parenthetical: "It is simply not reasonable to infer that a driver is armed and dangerous because the officers believe that he appears nervous and reaches toward the car's console when approached by police, even in a high-crime neighborhood."
citation_b.sentence: But cf. United States v. McKoy, 428 F.3d 38, 41 (1st Cir.2005) (“It is simply not reasonable to infer that a driver is armed and dangerous because the officers believe that he appears nervous and reaches toward the car’s console when approached by police, even in a high-crime neighborhood.”).