D.D.C.: Asking a man on the street to pull up shirt to expose waistband is not a seizure

Under D.C.Cir. case law, an officer driving by a person in a high crime area and asking him to pull up his shirt or expose his waistband is not a seizure. Here, officers did that with a small group and nobody had guns, but defendant was recalcitrant, and then they noticed he was wearing a latex glove on one hand, which suggested to them he was a PCP dealer. “All of this is to say that a stop did not occur until the officers exited their vehicle and attempted to keep Jones from departing. And by that point the record indicates that the officers had ‘a particularized and objective basis for suspecting [Jones] of criminal activity.’ United States v. Cortez, 449 U.S. 411, 417-18, 101 S. Ct. 690, 66 L. Ed. 2d 621 (1981).” After he got up, they found a gun with a 29 round clip where he was sitting. United States v. Jones, 2015 U.S. Dist. LEXIS 149245 (D.D.C. Nov. 4, 2015).