US v. Gist-Davis: Gist-Davis was known to members of the local police gang squad as a member of a local gang who often carried firearms and whose home had been the target of “several” drive-by shootings. While monitoring gang-related social media posts, an officer saw a post from Gist-Davis that the officer interpreted as Gist-Davis warning rivals that he was going to be at a local fair with a gun in his fanny pack. Officers at the fair saw Gist-Davis, went to him and immediately seized him, placing him in handcuffs. They searched the fanny pack, finding a firearm. Gist-Davis was convicted of being a felon in possession of a firearm after unsuccessfully moving to suppress the gun.
On appeal, the Fourth Circuit affirmed Gist-Davis’ conviction. He argued both that his initial seizure violated the Fourth Amendment, as it was an arrest without probable cause, as did the search of the fanny pack once he was effectively in custody. The court disagreed on both grounds. On the stop itself, the court concluded that the officers, based on their knowledge of Gist-Davis, the gang to which he belonged, and the social media post were “justified in concluding that Gist-Davis may have been armed and presently dangerous.” That they placed him in handcuffs did not transform a Terry stop into an arrest requiring probable cause. As to the search of the fanny pack, the court distinguished situations where officers searched a bag that had been in the defendant’s possession by noting that because the fanny pack was on Gist-Davis’ person and officers had particular suspicion that there was a firearm inside.
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