111 F.4th 105
D.C. Cir.2024Background
- Five police officers were conducting a firearm interdiction patrol in Southeast Washington, D.C., when they observed Antonio Malachi Bryant.
- Officers saw Bryant walking away from two individuals, adjusting his waistband, and looking over his shoulder—behavior they found suspicious.
- When approached, officers observed a bulge on Bryant's person, leading them to stop and search him, discovering a firearm.
- Bryant was charged as a felon in possession of a firearm under 18 U.S.C. § 922(g)(1).
- Bryant moved to suppress the gun as the product of an unconstitutional seizure under the Fourth Amendment, arguing he was seized before the officers had reasonable suspicion.
- The District Court denied the motion to suppress, finding reasonable suspicion existed at the time of seizure; Bryant appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timing of Seizure | Bryant was seized before officers saw the bulge. | Seizure occurred after officer observed the bulge. | Seizure happened after reasonable suspicion. |
| Constitutionality of the Seizure | Seizure violated Fourth Amendment without pre-existing RAS. | Officers had RAS once bulge was observed. | Seizure was constitutional. |
| Blocking as Indication of Seizure | Movement was blocked, creating a show of authority = seizure. | Officers did not fully block Bryant until seeing bulge. | Path was not blocked until later. |
| Effect of Multiple Officers/Presence | Multiple officers approaching at night equals a seizure. | Routine officer approach does not create a seizure. | Multiple officers did not create a seizure. |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (stop and frisk permitted if officers have reasonable suspicion of criminal activity)
- California v. Hodari D., 499 U.S. 621 (seizure occurs when law enforcement applies physical force or show of authority)
- Brendlin v. California, 551 U.S. 249 (standard for when a person is "seized" under the Fourth Amendment)
- Florida v. Royer, 460 U.S. 491 (police may approach individuals in public without triggering a Fourth Amendment seizure)
- United States v. Castle, 825 F.3d 625 (standards for when an encounter turns into a seizure and for reasonable suspicion)
- Gomez v. Turner, 672 F.2d 134 (mere questioning by police does not constitute a seizure)