CA1: First defers to cops on “nervousness”

US v. Taylor, No. 06-2687.  This is a felon-in-possession case.  At issue is a “brief investigatory  stop” of the kind conducted upon poor people with criminal records.  The cops came up with some cop-talk about how the defendant appeared nervous (most of this seems like boilerplate).  The First says that there wasn’t a Terry stop until the defendants were ordered to exit the parked vehicle, and as a matter of law, approaching a parked car isn’t a Terry stop "unless it was objectively reasonable for that person to believe that he was compelled to stay and answer the question."  Right?  So does everyone “objectively reasonably believe” that if the cops come up to you [in an unmarked car] when you are in a parked car you can just leave?  (Yet another reason why people should always have lawyers with them at all times.)

It defers to the District Court’s crediting of the cop’s testimony that they first encountered the defendant’s car because of a “crowd [of poor people] gathering.”