{"id":62300,"date":"2025-11-12T07:35:36","date_gmt":"2025-11-12T12:35:36","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62300"},"modified":"2025-11-12T07:35:36","modified_gmt":"2025-11-12T12:35:36","slug":"d-d-c-govt-failed-to-prove-area-was-high-crime-based-on-nine-gun-seizures-in-four-months","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=62300","title":{"rendered":"D.D.C.: Govt failed to prove area was &#8220;high crime&#8221; based on nine gun seizures in four months"},"content":{"rendered":"\n<p>When challenged, the government fails to prove that the area of the stop was \u201chigh crime.\u201d There were nine gun seizures in four months in a 500 meter radius. \u201cThe Government has established, however, that Abass engaged in unprovoked and almost immediate flight upon noticing police. For the reasons below, this factor partially but not fully supports reasonable suspicion.\u201d It doesn\u2019t here, however. \u201cAlthough the Government has failed to establish that plus factor here, it points to two other factors that-taken together-narrowly clear the bar,\u201d and that\u2019s that it appeared he was holding a gun against his body while running. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2025cr0079-32\">United States v. Abass<\/a>, 2025 U.S. Dist. LEXIS 221425 (D.D.C. Nov. 10, 2025).<\/p>\n\n\n\n<p>Plaintiff\u2019s civil Franks claim fails. The alleged false statement was neither that nor material.<br \/>Ferrara v. Travis Cty. Att&#8217;y&#8217;s Office, 2025 U.S. App. LEXIS 29567 (5th Cir. Nov. 11, 2025).*<\/p>\n\n\n\n<p>Defendant had an accident in DC. When the police arrived to discuss it, he fled, discarding a gun en route under a car. The record supports that the officer could see an illegal oversized magazine through the window of the car, based on the inference the gun was illegal because it was discarded. <a href=\"https:\/\/www.dccourts.gov\/sites\/default\/files\/2025-11\/Miller%20%20v.%20US%2023-CF-0828.pdf\">Miller v. United States<\/a>, 2025 D.C. App. LEXIS 367 (Nov. 6, 2025).<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>When challenged, the government fails to prove that the area of the stop was \u201chigh crime.\u201d There were nine gun seizures in four months in a 500 meter radius. \u201cThe Government has established, however, that Abass engaged in unprovoked and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=62300\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,51,35],"tags":[],"class_list":["post-62300","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-plain-view","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62300","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62300"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62300\/revisions"}],"predecessor-version":[{"id":62301,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62300\/revisions\/62301"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62300"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62300"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62300"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}