CA11: Becoming defensive about some questioning during stop didn’t rise to RS

Being in a high crime area and then becoming defensive only when the officer asked defendant where his mother lived when it came up was not reasonable suspicion. Defendant’s frisk was unreasonable on the totality. Suppressing the gun found on him necessitates vacating his firearms conviction. United States v. Heard, 2018 U.S. App. LEXIS 3447 (11th Cir. Feb. 12, 2018).

“Although defendant was the driver and sole occupant of the Buick, and undoubtedly had a subjective expectation of privacy, he has not established a reasonable expectation of privacy in the vehicle. Defendant had not been authorized by the owner of the vehicle to drive the Buick, and did not have a valid license to drive any vehicle. Such an unauthorized driver does not have a reasonable expectation of privacy in the vehicle.” United States v. English, 2018 U.S. Dist. LEXIS 23011 (M.D. Fla. Feb. 13, 2018).*

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