United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING MOTION TO SUPPRESS (DOC.
COHN, UNITED STATES DISTRICT JUDGE.
a felon in possession case. Defendant has filed a Motion to
Suppress Physical Evidence and for An Evidentiary Hearing
(Doc. 20), the government has responded (Doc. 24), the
parties filed supplemental briefs (Doc. 34 and Doc. 36), and
hearings were held on December 14, 2017 and February 23,
2018. For the reasons that follow, defendant's motion is
Detroit police officers (Officer No. 1 and Officer No. 2)
walked into a Detroit gas station around 10:00 p.m. one night
in a high crime area. They encountered four (4) men talking
to each other. Three of the men, including defendant, were
smoking cigarettes, a civil ordinance offense.
established by the testimony at the evidentiary hearings on
the motion, and as described in the government's brief,
the facts follow:
. The two (2) officers entered the lobby of
the gas station. When they entered, defendant and his
companions immediately stopped laughing and joking with each
other and became silent and serious;
. The two (2) officers saw defendant move
off the ice cream freezer he was sitting on and blade the
right side of his body away from them as he did so;
. Officer No. 2 saw an L-shaped bulge on
defendant's right side that appeared to be a hand gun;
. Officer No. 1 began talking to defendant.
Defendant had a panicked look on his face, locked eyes with
his friend, and did not respond to the officer;
. Officer No. 1 became concerned about
defendant's lack of response. As a result, Officer No. 1
went to grab defendant's hand to detain him;
. As Officer No. 1 attempted to detain
defendant, defendant clenched his fist and stiffened his
. Defendant pushed off of Officer No. 1 and
started toward the door of the gas ...