Classic [my word] hot pursuit of a man fleeing from being pointed out as an assailant with a gun led to a valid entry to arrest him. He was tackled inside his apartment. United States v. Collymore, 2010 U.S. Dist. LEXIS 93773 (D. R.I. September 8, 2010):<\/p>\n
At approximately 1:50 in the morning on November 3, 2009, Greene, a Providence police officer, was dispatched to 54 Dartmouth Avenue for a report of a disturbance involving a weapon. Gov. Exhibit 1. When Greene arrived at that address, he briefly detained a potential suspect. While patting down the suspect, Greene heard Brian Clements (\u201cClements\u201d) pointing to 53 Dartmouth Avenue, yelling \u2013 \u201cThat’s not him. That’s not him. He just put a f***ing gun to my chin. He was up there on the second floor.\u201d Transcript vol. I, 9:13-14, June 16, 2010.3 Greene testified that Clements, who was visibly \u201cupset,\u201d was \u201cbleeding from his chin and his neck area\u201d and had abrasions that were not present when Greene had dropped him off earlier that evening. Id. at 12:9-10.<\/p>\n
According to Greene, he then observed a \u201csilhouette of a person in the door of the entrance to 53 Dartmouth Avenue.\u201d Id. at 12:23-24. When Greene approached the door, he pulled on it a few times, noticed it was locked, and then banged on it until it was opened from the inside by Defendant. Greene kicked debris into the door to keep it open, and heard Clements repeatedly yelling from the courtyard \u2013 \u201cThat’s him. That’s the mother f***er right there.\u201d Id. at 13:20. Defendant began to run up the stairs and Greene pursued him. Greene noticed that Defendant’s right hand was in front of his body near his waist, leading Greene to believe that Defendant was armed. Id. at 14:6-7.<\/p>\n
Greene testified that he tackled Defendant as he reached the second floor landing in the doorway of apartment 3, where the door was wide open. After a short struggle, Greene handcuffed Defendant and patted him down. While Greene did not find a weapon on Defendant’s person, he did observe, through the open doorway of apartment 3, a firearm on the table next to the couch and a bag of marijuana on the coffee table. According to Greene, the gun was \u201capproximately five feet\u201d away from him and in plain view. Transcript vol. I, 15:18.<\/p><\/blockquote>\n
Two year old information of sexual abuse in a child pornography and Mann Act investigation was not stale. It was timely corroborated, too. \u201cIn these circumstances, the two-year period between the time of the alleged sexual abuse and the time B.R. reported the abuse to her mother does not necessarily render the information stale. As the Magistrate Judge noted, \u2018If that were the case, no warrant could ever be issued to obtain evidence of a crime that had occurred years before.\u2019 (Report and Recommendation at 8, Docket No. 40.)\u201d United States v. Bourgeois, 2010 U.S. Dist. LEXIS 93007 (D. Minn. September 7, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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