Detentions for Investigation; Bulges in a Person’s Clothing

Detentions for Investigation

Bulges in a Person's Clothing

A bulge in a person’s clothing that may in a police officer’s training and experience be a concealed firearm, is sufficient reasonable suspicion to believe that the person is in illegal possession of a firearm, justifying that person’s detention for investigation.

Vallejo Police Department Detectives Jarrett Tonn and Kevin Barreto were patrolling in an unmarked police SUV (presumably while in uniform) on the afternoon of April 18, 2018, when they observed defendant Tamaran Bontemps and three others walking down the street on Robles Way in Vallejo; a mixed residential-commercial area.  As they drove past the group, Detective Barreto noticed that one of the men (later identified as Quinton Mills) appeared to be carrying a concealed handgun in the pouch pocket of this sweatshirt.  The detectives hung a U-turn, going by them again to get a closer look.  As they did so, Detective Tonn—from the passenger seat—could “very clearly” see that defendant—walking in front of Mills—had what the detective described as a “very large and obvious bulge in Mr. Bontemps' sweatshirt on his left side above his waist” that the officer recognized from his “training and experience as a police officer” to be ....