Defendant was not detained when officers asked him to keep his hands out of his pockets and to step onto the sidewalk. The encounter did not become a detention until the officers used force to grab defendant’s arm and told him to place his hands behind his back. The officers had reasonable suspicion because they saw the car rolling backwards, defendant exit the driver’s side and attempt to jump start the car, and learned from dispatch that his license was suspended. A frisk was justified because officers feared that defendant was armed after it was confirmed he did not have a license and he physically resisted two attempts to handcuff him. People v. Parrott, 2017 Cal. App. LEXIS 305 (1st Dist. April 4, 2017).
Defense counsel was not ineffective for not challenging a child pornography search warrant on staleness grounds since it obviously would have failed. Simons v. United States, 2017 U.S. App. LEXIS 5648 (11th Cir. April 3, 2017).*