Defendant\u2019s attempt to recast his already denied-on-appeal search issue as an ineffective assistance claim that it wasn\u2019t argued right the first time fails as an attempt to relitigate that which is already decided. Montanya v. United States, 2012 U.S. Dist. LEXIS 99324 (S.D. Tex. July 17, 2012).*<\/p>\n
Defendant\u2019s motion to suppress was improperly granted. When the officer approached defendant, he was sitting in his car with the door open, so it wasn\u2019t a stop. The officer\u2019s declining to tell defendant why he was talking to him (\u201cwait a minute\u201d) did not convert it to a stop. State v. Glauser<\/a>, 2012 Ohio 3230, 2012 Ohio App. LEXIS 2844 (5th Dist. July 11, 2012).* <\/p>\n Furtive gestures in a high crime area known for narcotics and further furtive gestures toward the console after the stop was reasonable suspicion. Beasley v. Commonwealth<\/a>, 60 Va. App. 381, 728 S.E.2d 499 (2012).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading