CA3: Merely pulling up to defendant’s car in an unmarked car without any show of force or control was not a stop

Officers in an unmarked car pulled up next to the defendant and saw him counting money with drugs in his possession in plain view. At that point, they had reasonable suspicion. Merely pulling up next to him without any indication he was to stop was not a detention. United States v. Skinner, 459 Fed. Appx. 180 (3d Cir. 2012) (unpublished)*:

The primary issue here is whether the officers illegally stopped Skinner when they pulled up beside his car in an unmarked police car, in plain clothes, and saw Skinner counting money with drugs in his possession. In order to trigger Fourth Amendment protection against an unreasonable search or seizure, a defendant must first be seized through the use of physical force or a show of authority. United States v. Williams, 413 F.3d 347, 352 (3d Cir. 2005). The record indicates that the officers did not stop or seize Skinner until after they observed him counting money with cocaine on his lap.

[And don’t inventory your money and drugs sitting in a car on the street in plain view.]

Despite defendant’s claim that the officer merely detained him for showing up where they were, the officers collectively had reasonable suspicion that defendant might be involved with others the police were investigating and one person was unaccounted for. United States v. Dunning, 666 F.3d 1158 (8th Cir. 2012).*