[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 19

- 1 4656 Non

- Argument Calendar

________________________ D.C. Docket No. 1:19

- cr - 20245

- RNS

- 1 UNITED STATES OF AMERICA , Plaintiff

- Appell ee ,
versus DE ’ UNDRE RASHAD ROBERT TURNER , Defendant

- Appell ant

.

________________________ Appeal from the United States District Court for the Sou thern District of Florida

________________________ ( September 17, 2020 ) Before WILLIAM PRYOR, Chief Judge , WILSON and LAGOA , Circuit Judges.
PER CURIAM: De’Undre Turner , who conditionally pleaded guilty to possessi ng a firearm and ammunition as a convicted felon , appeals the denial of his motion to suppress.

Case: 19-14656 Date Filed: 09/17/2020 Page: 1 of 52 18 U.S.C. § 922(g)(1)

. Turner argues that law enforcement officer s lacked reasonable suspicion to approach his vehicle, to detain him while verifying that his
pass enger had a valid permit to carry a concealed weapon, or to remove him from his vehicle and pat him down for weapons . We affirm. Detective Angel Delgado , Officer Ti’Andre Bellinger , and other officers of the City of Miami Police Department drove to a multi

- family residence in the Model City neighborhood of Miami, Florida , t o collect genetic material from a resident

. Bellinger , who grew up in the area, and Delgado , who patrolled the area regularly, knew that Model City was plagued with drug

- related violence and that police informants had bought drugs at the residence

. And Delgado suspected that the resident w ould be armed because a lawful search of the residence two weeks earlier le d to the seizure of n arcotics and a firearm

. Because t he parking area was congested , the officers approached the residence from the street with their body

cameras activated

. Delgado detect ed movement inside a blue vehicle near the residence , but he could not see the occupants through the tinted rear windows . Concerned that he might encounter the resident named in the warrant, Delgado walked to the passenger’s side of the vehicle . Its windows were rolled down and t he detective could see that there were three men in the vehicle and that the front passenger had a gun protruding from under his shirt at the waistband of his pants. The detective

Case: 19-14656 Date Filed: 09/17/2020 Page: 2 of 53 aske d if there were any guns in the vehicle , and t he front passenger quick ly responded yes, began searching for a gun permit , and then exite d t he vehicle with a card in his left hand

. After the front passenger volunteered that there was a second gun under his seat, other officers ordered a nother passenger to exit the rear seat and

remove d the second g un from the vehicle

. Meanwhile, Bellinger watched a n officer approach Turner as he sat in the driver’s seat of the vehicle . Bellinger recognized Turner from th e neighborhood and noticed that he was acting nervous and was shaking when he produced his driver’s license. After the officer heard about the second gun, he asked Turner to exit the vehicle. Turner denied having a weapon , but Bellinger escorted Turner to the back of his vehicle and began to pat him down for weapons . Turner became defensive and upset, so Bellinger st epped away from Turner

. A few minutes later , Turner whispered to Bellinger, “I have a gun, bra, I have a gun.” Bellinger confirmed that help wa s nearby and then wrapped his arms around Turner to secure him. Bellinger yelled, “gun, gun ” and another officer removed the gun from Turner’s pants. Turner possessed a card that identif i ed him

as a convicted felon. We apply a mixed standard of review to the denial of a motion to suppress. We review legal rulings de novo and related findings of fact for clear error. United

Case: 19-14656 Date Filed: 09/17/2020 Page: 3 of 54 States v. Spivey , 861 F.3d 1207, 1212 (11th Cir. 2017). We consider the evidence in the light most favorable to the prevailing party. Id. The district court did not err by denying Turner’s motion to suppress. Delgado was entitled , “without any level of suspicion,” to appr oach a car in a dangerous locale with an unknown number of occupants parked near a residence where he and fellow officers were about to execute a warrant. See Miller v. Harget , 458 F.3d 1251, 1257 (11th Cir. 2006) ( stating that police do not violate the Fourth Amendment by “ approach ing a person in a parked car ”)

. When Delgado saw a gun in plain view in the front passenger ’s waistband , the detective had reasonable suspicion to remove the passenger from the car to determine whether he possess ed a valid permit to carry a concealed weapon, Fla. Stat. § 790.06(1). See United
States v. Lewis , 674 F.3d 1298, 1304

– 05 (11th Cir. 2012)

. After the front passenger volunteere d that there was a second gun concealed under his seat , safety concerns allowed officers to remove Turner from the driver’s seat “ to control [ his ]
movements

. . . and exercise command over the situation .” See id. at 130 8.
Turner ’s nervous behavior provided Bellinger reasonable suspicion to pat Turner down for weapons

. See Illinois v. Wardlow , 528 U.S. 119, 12 5 (2000). Bellinger did not find a weapon and ceased searching Turner when he became upset. Bellinger later ha d reasonable suspicion to seize Turner when he admitted that he was armed, which l ed to the discovery of the gun concealed in his

Case: 19-14656 Date Filed: 09/17/2020 Page: 4 of 55 waistband. See Terry v. Ohio , 392 U.S. 1, 27 (1968). T he district court was entitled to credit Bellinger’s testimony about Turner’s admission. See Lewis , 674 F.3d at 130 3. As explained by the district court, Bellinger’s testimony was consistent with the events recorded on his and another officer’s body cameras, which included his sudden decision to encircle Turner’s arms and chest and to yell “gun” until another officer removed a gun from Turner’s waistband.
We AFFIRM the d enial of Turner’s motion to suppress

. Case: 19-14656 Date Filed: 09/17/2020 Page: 5 of 5