U.S. v. Olson

In prosecution on charge of unlawful possession of gun by felon, arising out of seizure of gun that three officers observed defendant place in his waistband during violent civil unrest following death of George Floyd, Dist. Ct. did not err in denying defendant’s motion to suppress seizure of said gun. While plaintiff argued that officer’s use of force upon their encounter with defendant amounted to arrest without probable cause, and that officers’ testimonies during hearing on motion to suppress varied as to timing and number of defendant’s admissions of being felon during encounter, Ct. of Appeals held that officers’ initial use of force in form of approaching defendant with drawn guns did not automatically transform Terry stop into arrest, where use of force occurred during violent civil arrest that included prior attacks on police and others in mob crowd. Moreover, instant stop was reasonable, where officers reasonably suspected defendant was engaged or about to engage in criminal activity, especially where officers observed defendant drinking alcoholic beverage and placing gun in his waistband shortly before instant encounter, and where defendant’s behavior departed from actions of concealed-carry permit holders. Also, magistrate judge could credit officers’ testimonies that defendant confessed to police his felon status both before and after his arrest.