23 F.3d 1303 (8th Cir. 1994), 93-3262, United States v. Ward

Docket Nº:93-3262.
Citation:23 F.3d 1303
Party Name:UNITED STATES of America, Appellee, v. Paul Anthony WARD, Appellant.
Case Date:May 04, 1994
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
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Page 1303

23 F.3d 1303 (8th Cir. 1994)

UNITED STATES of America, Appellee,

v.

Paul Anthony WARD, Appellant.

No. 93-3262.

United States Court of Appeals, Eighth Circuit

May 4, 1994

Submitted Feb. 15, 1994.

Dean Grau, Minneapolis, MN, argued (Dean S. Grau and Scott Buhler, on the brief), for appellant.

Andrew Stephen Dunne, Minneapolis, MN, argued (Francis X. Hermann, Kenneth W. Saffold and Dale Caldwell, on the brief), for appellee.

Page 1304

Before McMILLIAN, WOLLMAN, and MAGILL, Circuit Judges.

WOLLMAN, Circuit Judge.

Paul Anthony Ward appeals from his conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. Sec. 922(g)(1). He argues that the police unconstitutionally seized and searched him and that the district court 1 therefore erred in not suppressing the evidence discovered during the search. We find that Ward was neither unconstitutionally seized nor improperly searched and therefore affirm.

I.

At approximately 6:00 p.m. on December 5, 1992, a clerk at a gas station in Hopkins, Minnesota, called the Hopkins Police Department. The clerk said that a customer had seen a man acting suspiciously in a brick alcove beside the station. Officer Klingbeil, who knew that the station had been robbed several times in the past, was the first officer to respond. He first inspected the alcove area, but saw no one. Klingbeil then examined the alley behind the station. When Reserve Officer Glassberg's patrol car appeared in the alley, Ward walked out of the darkness toward Klingbeil. Klingbeil turned on his flashlight to illuminate the area and asked Ward if he had any identification. Ward asked whether there was a problem, and Klingbeil told him that they had received a call about someone lurking outside the station. Ward provided Klingbeil with a paper indicating that one Paul Anthony Ward had just been released from Hennepin County Jail. Ward explained that the release paper was his only identification and that he was staying with his cousin, Daryl Hopkins, who lived in Hopkins. Ward asked Klingbeil if he could enter the station to purchase cigarettes. Klingbeil permitted him to do so and, joined by Glassberg, followed Ward into the station. Ward asked if he was under arrest, and Klingbeil said no.

By this point, Klingbeil had decided to detain Ward until he ran a warrant check. He could not run the check immediately, however, because the lone dispatcher was busy. Klingbeil did not inform Ward that he was planning to detain him.

Inside the station, Ward appeared jumpy as he purchased his cigarettes. Klingbeil spoke to the clerk and to the customer who had initially reported seeing a man lurking in the alcove. The customer informed Klingbeil that Ward was the one he had seen earlier. After Ward had purchased his cigarettes, the two officers and Ward exited the station.

As they walked back toward the alley, Klingbeil asked Ward how he had gotten to the station. Ward, who continued to appear nervous, said that his cousin Daryl had given him a ride in a gray Bonneville, and then pointed toward Harrison Avenue. Glassberg, who had driven to the station via Harrison Avenue, said that he had not seen a Bonneville there. Klingbeil asked Ward where his cousin lived. Ward initially said that he did not know, but then stated that...

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