United States v. Steven Johnson
509 F. App'x 487
6th Cir.2012Background
- 911 caller reported a man with a gun walking on Gratiot in Detroit toward McDougall, description included black male, dark colors, possible MAC-10
- Officers Hill and Davis responded in a marked patrol car and observed Johnson matching some description, with no one else present in the area
- Hill observed an unusual gait and a bulge in Johnson’s waistband that moved while walking, leading him to suspect a weapon
- Officers stopped Johnson, asked him to place hands on head, executed a patdown revealing a 9mm High Point gun with stock cut off and gloves found in pocket
- Johnson moved for suppression of the weapon and for exclusion of the 911 recording; district court denied both
- Johnson was convicted of being a felon in possession of a firearm and appeals challenging suppression and 911 recording rulings
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion to stop | Johnson argues lack of reasonable suspicion due to inconsistencies | Johnson asserts no credible basis for stop | Stop supported by totality of circumstances |
| Scope of the stop | Stop escalated to arrest without probable cause | Actions were within Terry stop; no de facto arrest | Stop did not exceed Terry limits; valid stop |
| Confrontation Clause and 911 recording | 911 statements are testimonial and violate Confrontation Clause | Statements are nontestimonial; admissible as present sense impression | Confrontation Clause not violated; recording admitted as present sense impression under Rule 803(1) |
| Admissibility of 911 recording under Rule 803(1) | Recording described event while perceiving it, fits hearsay exception | No prejudice, but admissibility questionable | Recording properly admitted as present sense impression; not hearsay |
Key Cases Cited
- Florida v. Royer, 460 U.S. 491 (U.S. 1983) (distinguishes investigative detention vs arrest; factors for crossing line)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (brief stop with reasonable suspicion for safety concerns)
- Caruthers, 458 F.3d 459 (6th Cir. 2006) (two-part Terry stop analysis; credibility of officers considered by district court)
- Davis v. Washington, 547 U.S. 813 (U.S. 2006) (nontestimonial vs testimonial statements; confrontation implications)
- Michigan v. Bryant, 131 S. Ct. 1143 (U.S. 2011) (circumstances determining whether interrogation is ongoing emergency for nontestimonial determinations)