U.S. v. Richmond

In prosecution on unlawful possession of firearm by felon charge, Dist. Ct. did not err in denying defendant’s motion to suppress warrantless seizure of gun that officer discovered on doorstep to defendant’s home that had been lodged between screen door and front door during encounter with defendant. Record showed that: (1) officers observed defendant on street known for crime with large object contained in pocket of his t-shirt; (2) officers' experience led them to believe that object was gun; (3) after officers passed defendant, defendant changed directions, quickened his pace, crossed lawn and moved towards stairs leading to his front porch; (4) as officers exited squad car, one officer observed defendant place dark object between screen door and front door; (5) after questioning defendant about presence of weapon, one officer opened screen door to find presence of gun; and (6) defendant was placed under arrest after having admitted that he was convicted felon. No 4^th Amendment violation occurred, where: (1) officers had reasonable suspicion that criminal activity either had or was occurring given defendant’s actions at time of their encounter with him; (2) under Terry, officers can conduct protective searches of defendant and areas within his reach to neutralized threat that either he or individuals inside of home could gain access to gun; and (3) officers could open screen door without warrant since they had immediate interest in assuring themselves that they were safe during encounter with defendant. (Dissent filed.)