DC Cir.: Asking defendant about having a gun wasn’t a stop before he fled

Officers in the DC Metro PD’s gun recovery unit saw defendant walking, and one asked “[H]ey, it is the police, how are you doing? Do you have a gun?” Defendant didn’t answer, so the car stopped and one got out and approached him asking “‘Can I see your waistband?’ … Still not speaking, Gross responded by lifting his jacket slightly to show his left side, looking back over his shoulder in the process. Officer Bagshaw, apparently satisfied with the interaction, began to roll the car forward. [¶] Officer Katz, however, asked Officer Bagshaw to stop the car. Suspicious of Gross, Officer Katz opened the driver-side rear door and asked, while stepping out of the vehicle, ‘[H]ey man, can I check you out for a gun?’” Then defendant fled. When caught, he had a 40 caliber on him. This was not a “stop” under Terry and was consensual before the flight. United States v. Gross, 2015 U.S. App. LEXIS 6526 (D.C.Cir. April 21, 2015).