United States v. Johnson
United States Court of Appeals for the Sixth Circuit
106 Fed. Appx. 363 (2004)
- Written by Arlyn Katen, JD
Facts
On July 4, police responded to a call that a man was firing a shotgun from a porch in a residential area. When police approached the porch, they saw a black man wearing a bandana and a jersey fire a long gun twice into the air and reload the gun. After someone said “police,” the man ran through the front door of the house. No one responded when the police knocked on the door, so police forced the door and immediately stopped Johnson (defendant) and a woman inside. Johnson was shirtless and bareheaded. Officers found the jersey on the living room floor. Police searched the rest of the house for anyone else who looked like the shooter, but they did not find anyone. During the search, police opened a closet that was eight to fifteen feet from where Johnson was detained, and inside they found a loaded shotgun in plain view. At that point, police arrested Johnson for misdemeanor offenses associated with firing the gun in public. Johnson was later charged federally as a felon in possession of a firearm. The district court granted Johnson’s motion to suppress the shotgun, and the federal government appealed.
Rule of Law
Issue
Holding and Reasoning (Surhreinrich, J.)
Dissent (Cole, J.)
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