United States v. Foster

Defendant conditionally plead guilty to being a prohibited person in possession of a firearm, and then challenged the district court’s denial of his motion to suppress evidence recovered after a stop-and-frisk. The court rejected defendant's version of the facts as well as his accompanying legal argument that he was seized before he reached for his pocket. The court also concluded that the police had reasonable suspicion based on a tip from a 911 call, defendant was found in the area in which the gunshot was reported in a high-crime area, defendant failed to respond or make eye contact with the officers, and defendant's performance of a security check gave credence to the anonymous tip and gave the officers reason to suspect that defendant was the man of whom they had been warned. Accordingly, the court affirmed the judgment. View "United States v. Foster" on Justia Law