context: Although the government argues that the "frisk" did not begin until Officer Harvey patted down the outside of Johnson's clothing, it has provided no authority to support its position, and I have found scant support. Furthermore, our prior cases suggest that the frisk began, at the latest, when Officer Harvey manipulated Johnson's body to effectuate the frisk.
citation_a.signal: see
citation_a.identifier: 649 A.2d 1082, 1087
citation_a.parenthetical: finding that factors that manifested themselves after the suspect was ordered to assume the position and after the decision to frisk had been made should not have been included in the reasonable suspicion determination
citation_a.sentence: See Jackson v. United States, 805 A.2d 979, 987 (D.C.2002) (“[B]y the time [appellant] was asked to turn around (apparently in preparation for a frisk), and the officer touched [appellant’s] jacket, the police crossed the critical line between consent and coercion.” (citation and internal quotation marks omitted)); Powell v. United States, 649 A.2d 1082, 1087 (D.C.1994) (opinion of Sullivan, J.) (finding that factors that manifested themselves after the suspect was ordered to assume the position and after the decision to frisk had been made should not have been included in the reasonable suspicion determination); id. at 1090 (Farrell, J., concurring) (considering only facts known to the officers before “ordering [appellant] to place his hands on the car and patting him down”); see also United States v. Christian, 187 F.3d 663, 670 (D.C.Cir.1999) (“[W]e assess a Terry search from the standpoint of the moment of the stop ... not from the subsequent period in which the officer begins to take protective measures.”).
citation_b.signal: see also
citation_b.identifier: 187 F.3d 663, 670
citation_b.parenthetical: "[W]e assess a Terry search from the standpoint of the moment of the stop ... not from the subsequent period in which the officer begins to take protective measures."
citation_b.sentence: See Jackson v. United States, 805 A.2d 979, 987 (D.C.2002) (“[B]y the time [appellant] was asked to turn around (apparently in preparation for a frisk), and the officer touched [appellant’s] jacket, the police crossed the critical line between consent and coercion.” (citation and internal quotation marks omitted)); Powell v. United States, 649 A.2d 1082, 1087 (D.C.1994) (opinion of Sullivan, J.) (finding that factors that manifested themselves after the suspect was ordered to assume the position and after the decision to frisk had been made should not have been included in the reasonable suspicion determination); id. at 1090 (Farrell, J., concurring) (considering only facts known to the officers before “ordering [appellant] to place his hands on the car and patting him down”); see also United States v. Christian, 187 F.3d 663, 670 (D.C.Cir.1999) (“[W]e assess a Terry search from the standpoint of the moment of the stop ... not from the subsequent period in which the officer begins to take protective measures.”).