U.S. v. Wilson

In prosecution on felon in possession of firearm charge, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of gun, even though defendant argued that he was subjected to unlawful Terry stop. Record showed that: (1) police officers had received recent report that three black males with guns and wearing red and white shirts were selling drugs at specific address; (2) about one block from said address officers encountered multiple black males wearing red and white shirts; (3) one officer observed defendant, who wore dark navy shirt, grab bulge in pocket of his mesh shorts and face away from officers; (4) when one officer asked defendant to stand up, defendant rose and immediately ran away; and (5) one officer gave chase to defendant and eventually tackled him and learned from defendant that he had gun in his pocket. No seizure occurred prior to tackling of defendant, since defendant did not submit to officers’ authority when he rose and immediately ran away. Moreover, officers had reasonable suspicion to believe that defendant was engaged in criminal activity during their encounter with him, since: (1) officers had observed suspicious bulge in defendant’s pocket near time and place that they had received report of drug selling; and (2) defendant had acted evasively and attempted to flee from officers. Fact that defendant was not wearing red or white shirt did not require different result.