Commonwealth v. Cardoso

A State trooper stopped a car, in which the defendant was the front seat passenger, on a State highway in Brockton at 9:30 a.m. on September 14, 1996, for lack of an inspection sticker. Although the driver of the car promptly produced his license, the trooper focused his attention on the defendant, who was “fidgeting quite a bit in his seat.” The defendant’s head was moving side to side, his shoulders were moving, his feet were moving, he kept his hands tight to his body, and he would not make eye contact with the trooper. The defendant’s “unusual” movements made the trooper fear for his…