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United States v. Edwards

United States Court of Appeals, Ninth Circuit

July 31, 2014

UNITED STATES OF AMERICA, Plaintiff-Appellee,
v.
REGINALD AARON EDWARDS, AKA Baby R-Mac, AKA Arron Reginald Edwards, AKA Reggie Aaron Edwards, AKA Reginald Aron Edwards, AKA Timothy Green, AKA R-Mac, Defendant-Appellant

Argued and Submitted, Pasadena, California: May 14, 2014.

Page 978

Appeal from the United States District Court for the Central District of California. D.C. No. 2:12-cr-00751-GAF-1. Gary A. Feess, District Judge, Presiding.

Criminal Law

The panel affirmed the district court's denial of a suppression motion in a case in which police officers responding to an anonymous 911 call found the defendant in the vicinity of the reported shooting, discovered he matched the description of the reported suspect, stopped him, frisked him, found he had a gun, and arrested him.

The defendant contended that the officers' conduct converted his detention before the gun was discovered from an investigatory stop into an arrest, and that even if the defendant's detention was merely an investigatory stop, the officers did not have reasonable suspicion to stop him. The panel held that the officers properly conducted an investigatory stop and had reasonable suspicion to do so.

Sean K. Kennedy, Federal Public Defender, Los Angeles, California; and Davina T. Chen (argued), Glendale, California, for Defendant-Appellant.

André Birotte Jr., United States Attorney, Robert E. Dugdale, Assistant United States Attorney, Chief, Criminal Division, Max B. Shiner (argued), Assistant United States Attorney, Violent & Organized Crime Section, Los Angeles, California, for Plaintiff-Appellee.

Before: John T. Noonan, Jr., Kim McLane Wardlaw and Raymond C. Fisher, Circuit Judges. Opinion by Judge Fisher.

OPINION

Page 979

FISHER, Circuit Judge:

Reginald Aaron Edwards was arrested and charged with being a felon in possession of a firearm after an anonymous caller reported a shooting to a 911 dispatcher. Police officers responding to the 911 call found Edwards in the vicinity of the reported shooting and discovered that he matched the description of the reported suspect. They stopped Edwards, frisked him and found he had a gun, and then arrested him. Edwards conditionally pled guilty and now challenges the district court's denial of his motion to suppress the evidence police obtained when they

Page 980

stopped him. Specifically, Edwards contends that the officers' conduct converted his detention before the gun was discovered from an investigatory stop into an arrest, and that even if Edwards' detention was merely an investigatory stop, the officers did not have reasonable suspicion to stop him. We hold that the ...


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