Defendant’s stop escalated to full arrest without reasonable suspicion just because the officers couldn’t find him in a government database, wrongly concluding this made him a fugitive. On the totality, the government showed really nothing for the continued detention. The fact defendant did not show up in a database they expected him in proved nothing. “It simply cannot be that reasonable suspicion of a person being a wanted fugitive is created by the failure to find the name, given by a person, in a government database. Ironically, had Dapolito's name been found, the information would not have shown he was wanted on a warrant.” Under all the facts, it was clear he was not free to leave or avoid further police contact. United States v. Dapolito, 2013 U.S. App. LEXIS 7309 (1st Cir. April 11, 2013).*
Defense counsel was not ineffective for not preserving defendant’s search issue for appeal because defendant had no standing. This was a motel room, and he wasn’t a registered guest or spending the night. Ex parte Moore, 2013 Tex. Crim. App. LEXIS 634 (April 10, 2013).*
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