U.S. v. Smith

In prosecution on unlawful possession of firearm charges, Dist. Ct. erred in denying defendant’s motion to suppress gun seized from defendant after police confronted him in alley near location of reported gunfire. Record showed that: (1) prior to confrontation, police positioned their bicycles at 45 degree angle that impeded defendant’s forward progress in alley; (2) one officer approached defendant had asked him sole question as to whether he had gun; and (3) said officer arrested defendant and seized gun after defendant admitted to having gun. While Dist. Ct. found that encounter with police was consensual in nature, Ct. of Appeals found that motion to suppress should have been granted because defendant was seized at time of encounter since reasonable person would not have felt at liberty to ignore police presence and go about his business, and because govt. otherwise conceded that officer lacked reasonable suspicion to justify defendant’s seizure.