United States v. Houston

The Eighth Circuit affirmed the district court's denial of defendant's motion to suppress evidence and sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that police pursuit in attempting to seize defendant did not amount to a seizure within the meaning of the Fourth Amendment; the seizure of items from defendant's pockets after he was detained was not unconstitutional under the Terry stop because his flight from the officers in an area known for gun-related crime was sufficient to justify a reasonable suspicion of criminal activity. Furthermore, the stop occurred in the middle of the night and an observer had previously observed a pistol in defendant's hand.The court also held that the officers were entitled to conduct a pat down search; after the discovery of the brass knuckles, the officers had probable cause to arrest defendant for carrying a dangerous weapon under Iowa state law; the seizure of the items in defendant's pockets was lawful as a search incident to arrest; and the place where the pistol was found, a ravine beyond the property line of defendant's residence, did not implicate defendant's Fourth Amendment rights. Finally, the district court did not err by applying a four-level sentencing enhancement under USSG 2K2.1(b)(6)(B). View "United States v. Houston" on Justia Law