U.S. v. Rickmon

In prosecution on unlawful possession of firearm charge arising out of police stop of defendant’s vehicle shortly after gunshots had been filed in neighborhood, Dist. Ct. did not err in denying defendant’s motion to suppress gun seized from defendant’s vehicle where police used GPS-enabled sensors that identified location of gunfire prior to stopping defendant’s vehicle. Record showed that: (1) sensors alerted police dept. on two occasions to presence of gunfire at specific address; (2) 911 call confirmed that shots had been fired and that cars and one individual was observed leaving scene of shooting; (3) officer observed defendant’s vehicle driving away from scene of shooting on only street leading from shooting scene 5.5 minutes after initial report of shooting; and (4) officer could rationally infer that defendant’s vehicle had participated in recent gunfire so as to support stop and search of defendant's vehicle, where, in addition to above factors, defendant’s vehicle was only vehicle on street of shooting at time when there was no other traffic, and where officer had personal knowledge of criminal activity in area of shooting. (Dissent filed.)