The Court of Appeal agreed with defendant that the trial court erred in denying his motion to suppress a firearm and ammunition found during a patdown search. Defendant’s encounter with police outside his home was not consensual, and there was no reasonable suspicion of criminal activity to justify a detention. Defendant answered the door after someone knocked loudly; found two police officers on the other side, one of whom looked “upset” or “aggressive” and asked him to come outside; and responded by stepping backward and asking if he could put some clothes on. The officer did not tell defendant he could refuse the welfare check or refuse to come outside, and he did not want to allow defendant to retreat inside his house, so he told defendant to come outside. Under the totality of the circumstances, a reasonable person would not have felt free to shut the door on the officer or otherwise refuse to cooperate. And the record is devoid of support for a finding that police had an articulable and reasonable suspicion that defendant was engaged in criminal activity.
