175 F.3d 600 (8th Cir. 1999), 98-2662, United States v. Jackson

Docket Nº:98-2662.
Citation:175 F.3d 600
Party Name:UNITED STATES of America, Appellee, v. Gaylen Maurice JACKSON, Appellant.
Case Date:February 17, 1999
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 600

175 F.3d 600 (8th Cir. 1999)

UNITED STATES of America, Appellee,

v.

Gaylen Maurice JACKSON, Appellant.

No. 98-2662.

United States Court of Appeals, Eighth Circuit

February 17, 1999

Submitted Dec. 15, 1998.

Ordered Published Feb. 26, 1999.

Page 601

Virginia Guadalupe Villa, Minneapolis, MN, argued (Vincent I. Breza, on the brief), for Appellant.

David J. MacLaughlin, Assistant U.S. Attorney, Minneapolis, MN, argued, for Appellee.

Before: McMILLIAN, LAY and HALL, 1 Circuit Judges.

PER CURIAM.

On March 17, 1998, a jury found Gaylen Maurice Jackson guilty of violating 18 U.S.C. § 922(g)(1) as a felon in possession of a firearm. Jackson was sentenced to 240 months in prison and five years of supervised release. On appeal, Jackson asserts that police officers seized him in violation of his Fourth Amendment rights and that the resulting evidence seized and statements made should be suppressed as fruits of the poisonous tree. The fundamental issue involved in this appeal is whether the police officers had reasonable articulable suspicion to stop and interrogate the defendant.

On September 10, 1997, Minneapolis Police Officers Thomas Mack and Francisco Porras were dispatched to investigate shots that were fired in the rear of 2640 Blaisdell Avenue South in Minneapolis. The uniformed officers were driving a marked patrol car and entered an alley behind Blaisdell Avenue within one minute after receiving the dispatch, turning off the lights of the squad car as they entered the alley. As the squad car pulled into the alley, the officers noticed the defendant riding a bicycle in the area behind 2640 Blaisdell. After Jackson saw the car, he began to pedal his bicycle away from the marked squad car and continued to look over his shoulder at the car. Jackson then jumped off his bicycle and began to run. The officers noticed that the defendant held his left hip area as he ran as though he were preventing an object from falling. The officers then stopped their car, identified themselves as police officers and ordered Jackson to stop. Jackson continued to flee until Officer Mack eventually tackled him. As Officer Mack conducted a pat down search, Jackson stated, "It's in my waistband." Tr. at 90. Officer Porras saw the handle of a chrome plated handgun sticking out of Jackson's waistband and seized it. The officers then placed Jackson under arrest and...

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