{"id":16901,"date":"2015-04-22T11:00:57","date_gmt":"2015-04-22T16:00:57","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16901"},"modified":"2015-04-22T08:17:55","modified_gmt":"2015-04-22T13:17:55","slug":"dc-cir-asking-defendant-about-having-a-gun-wasnt-a-stop-before-he-fled","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=16901","title":{"rendered":"DC Cir.: Asking defendant about having a gun wasn&#8217;t a stop before he fled"},"content":{"rendered":"<p>Officers in the DC Metro PD\u2019s gun recovery unit saw defendant walking, and one asked \u201c[H]ey, it is the police, how are you doing? Do you have a gun?\u201d Defendant didn\u2019t answer, so the car stopped and one got out and approached him asking \u201c\u2018Can I see your waistband?\u2019 &#8230; 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. [\u00b6] 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, \u2018[H]ey man, can I check you out for a gun?\u2019\u201d Then defendant fled. When caught, he had a 40 caliber on him. This was not a \u201cstop\u201d under Terry and was consensual before the flight. <a href=\"http:\/\/www.cadc.uscourts.gov\/internet\/opinions.nsf\/3A4AECFC912850FA85257E2E00509DD3\/$file\/13-3102-1548318.pdf\">United States v. Gross<\/a>, 2015 U.S. App. LEXIS 6526 (D.C.Cir. April 21, 2015).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers in the DC Metro PD\u2019s gun recovery unit saw defendant walking, and one asked \u201c[H]ey, it is the police, how are you doing? Do you have a gun?\u201d Defendant didn\u2019t answer, so the car stopped and one got out &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=16901\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,69],"tags":[],"class_list":["post-16901","post","type-post","status-publish","format-standard","hentry","category-consent","category-seizure"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16901","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16901"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16901\/revisions"}],"predecessor-version":[{"id":16902,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16901\/revisions\/16902"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16901"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16901"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16901"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}