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experience, however, Officer McLaughlin believed that Chisholm was carrying a firearm
because he observed an L-shaped outline near Chisholm’s waist and recognized that the
waistband is a common location for carrying firearms.
Immediately thereafter, Officer McLaughlin radioed Officer Smith, who was driving a
two-officer patrol unit with Officer John, as their patrol car approached the area where Chisholm
and his friend were walking down the sidewalk. Officer McLaughlin then turned his patrol car
around and headed in the direction of Chisholm and Officers Smith and John. Officers Smith
and John were also unfamiliar with Chisholm and were unaware of his criminal history. Once
the officers exited their patrol vehicle and approached Chisholm and his friend, they asked
whether they had any firearms on them.
Even though Chisholm told officers he did not have a firearm, Officer Smith stated that
they were going to check whether he had one. In response, Chisholm told Officers Smith and
John, “you can’t check me, we just came out of the store,” and slowly took several steps
backward while facing the officers and carrying a gallon of milk in his right hand. At that time,
Officers Smith and John did not observe a bulge near Chisholm’s waist and did not ask whether
he possessed a concealed handgun permit.
According to Officer Smith, when Chisholm began slowly backing away, he appeared
“visibly nervous,” and the officer testified that, based on his training and experience, such
movement indicated pre-flight behavior. Officer Smith testified that Chisholm’s “breath rate
change[d]” when officers began speaking with him, characterizing his nervous appearance as “a
very abnormal reaction.” At that point, Officer Smith observed the bulge near Chisholm’s belt
buckle previously reported by Officer McLaughlin and suspected that Chisholm was carrying a
firearm.
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