U.S. v. Johnson

In prosecution on charge of unlawful possession of firearm, Dist. Ct. did not err in denying defendant’s motion to suppress gun that was found on floor of back seat of car in which defendant was passenger, where police approached car and observed defendant attempting to hide something after they had observed said car stopped in road within 15 feet of crosswalk in violation of Wisc. statute. Defendant conceded that car was stopped 7 to 8 feet from crosswalk, and Dist. Ct. could properly conclude that police had probable caused to issue ticket that would allow them to briefly seize car and its occupants. Ct. rejected defendant’s claim that police could not approach said car, because statute would allow car to be in instant prohibited zone to receive or discharge cargo or passengers, since: (1) all four doors of car were shut and no one was standing nearby, such that exemption did not apply; (2) police, who had probable cause to issue ticket, could approach car (and observe defendant’s actions) before resolving any statutory exemption; and (3) police could issue instant ticket and then leave to judicial process issue as to whether exemption applies. Also, under Wren, 517 U.S. 806, police can stop and arrest individuals, where there is probable cause to believe that said individuals violated parking statutes. (Dissent filed.)