CA11: Prowler call at 1:30 am and def being only person out dressed all in black with improbable story was RS

The officer responded to a 911 call of a prowler in a neighborhood at 1:30 am. The only person out was defendant, dressed all in black which the officer found regularly happened in prowler calls. When confronted, defendant said he was out to buy cigarillos, but the nearest store was a 30 minute walk away. There was reasonable suspicion for defendant’s stop. United States v. Hardy, 2020 U.S. App. LEXIS 8330 (11th Cir. Mar. 17, 2020).

Defendant claims defense counsel was ineffective for not filing a motion to suppress but doesn’t even allege a ground on which it could be granted. Denied. State v. Jones, 2020-Ohio-1007, 2020 Ohio App. LEXIS 935 (10th Dist. Mar. 17, 2020).*

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