{"id":5303,"date":"2011-05-07T09:23:17","date_gmt":"2011-03-18T07:36:55","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-18T07:36:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5303","title":{"rendered":"CA11: Defendant approached police belligerently, then fled; not detained until he was caught"},"content":{"rendered":"

Defendant was belligerent and approached the police on the street, and the officer could see the bulge of a gun under his shirt. Defendant was not detained when he approached the officers first. Then he fled, and he was not detained until they caught up with him. United States v. Jordan<\/a>, 635 F.3d 1181 (11th Cir. 2011):<\/p>\n

Officer Paige got out of his car to investigate further. As he approached Jordan, he noticed a gun-shaped bulge in the defendant’s pocket. With that the officers moved to detain Jordan, but notably, before they could touch him, Jordan took off running. Officer Backmon pursued Jordan on foot, while Paige followed him in the patrol car. Paige, along with some other patrol units, caught up with the defendant, and Paige grabbed him. Paige wrestled with Jordan, who had the firearm in his hand. The officers ultimately wrestled the gun from the defendant, who was then arrested.<\/p>\n

First, the officers knew going into the encounter that Jordan was present in an area known for crime. Second, and more significantly, Jordan became suspiciously defensive when confronted about walking in the middle of the street, belligerently yelling that he had not done anything wrong. Third, and most importantly, Officer Paige saw a gun-shaped bulge in Jordan’s pocket. Once the officers became aware of these facts, they had the requisite reasonable suspicion to conduct a Terry stop concerning a potential firearms offense. See Hunter, 291 F.3d at 1306; Reeh, 780 F.2d at 1545.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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