United States Sixth Circuit

In a prosecution of defendant for being a felon in possession of a firearm, denial of defendant's motion to suppress evidence of the firearm is affirmed as officers' actions did not violate the Fourth Amendment where: 1) officers' initial contact with defendant, as they entered the building in an attempt to respond to an emergency 911 call, did not result in a seizure in violation of the Fourth Amendment; and 2) when an officer told defendant to stop, there was a proper basis for an investigatory Terry stop and the degree of intrusion at issue was reasonably related in scope to the situation at hand.

Appellate Information

• Argued 01/21/2010
• Decided 02/10/2010
• Published 02/10/2010

Judges

• Before SILER, ROGERS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Bryan Robert Faller, Porter, Wright, Morris & Arthur, LLP, Columbus, Ohio, for Appellant. Karl P. Kadon, III, Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF:Bryan Robert Faller, Porter, Wright, Morris & Arthur, LLP, Columbus, Ohio, W. Kelly Johnson, Porter, Wright, Morris & Arthur, LLP, Cincinnati, Ohio, for Appellant. Karl P. Kadon, III, Assistant United States Attorney, Cincinnati, Ohio, for Appellee.