6th Circuit Court of Appeals finds Deputies who Searched a Nervous Man for 'Shaking' and Refusing to Share His Travel Plans Not Immune from Lawsuit

From [HERE] It is clearly established that a driver's nervousness and reluctance to describe his travel plans does not give rise to the reasonable suspicion necessary for police to prolong a traffic stop beyond the time it takes to issue a warning or write a traffic ticket, says the Sixth Circuit(link is external)(unpublished). So this gentleman who was pulled over for tinted windows and declined to share that his shaking was due to muscular dystrophy can indeed sue a pair of Hamilton County, Tenn. officers. A jury might think they prolonged the stop to allow for a drug dog sniff (and, after a false alert, search of his car). Suspects geenrally have no duty to cooperate. No qualified immunity.

The case is Klaver v. Hamilton Cnty., Tenn.(link is external), No. 22-05084 (6th Cir.  Nov. 3, 2022).