Brandishing a gun at another was reasonable suspicion for a stop and frisk of a defendant and then the car. “After the officers found no firearm as a result of their pat down of the appellant’s person, this fact served only to heighten their suspicion that the appellant’s furtive movements inside the car, immediately prior to his hasty exit and hurried movement toward the apartment door, indicated possible efforts to hide the firearm beneath the seat and distance himself from it.” Bagley v. Commonwealth, 2021 Va. App. LEXIS 27 (Feb. 23, 2021).
Brendlin only confers standing to challenge the stop of a car defendant is riding it; Rakas on the passenger’s standing to contest the search is still good law. There was probable cause for the vehicle stop and ultimate search. United States v. McKenzie, 2021 U.S. Dist. LEXIS 33061 (N.D. Ohio Feb. 23, 2021).*