CA11: Seeing handrolled joint in hand in high crime area was RS

“As Officer Erik Cabrales of the Ocala Police Department and Officer Rodriguez patrolled an apartment complex known for violence and drug sales, they observed Fredericks sitting outside holding a cigarette that had been hand-rolled in brown paper. Cabrales noticed Fredericks was partially concealing the brown, hand-rolled cigarette in the palm of his left hand. So he asked Fredericks what he had in his hand, but Fredericks did not respond. Cabrales asked again, and Fredericks displayed a cigarette lighter in his other hand but continued to conceal the cigarette. The district court found after viewing body-camera video from the officers that Cabrales then told Fredericks, ‘I see what you got in your hand, Man. I could see it from where I was at.’ At this point, the officers ‘ha[d] a reasonable, articulable suspicion that criminal activity [was] afoot,’ Illinois v. Wardlow, 528 U.S. 119, 123 (2000), and could detain Fredericks to investigate.” United States v. Fredericks, 2020 U.S. App. LEXIS 16626 (11th Cir. May 26, 2020).*

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