United States v. Will Gross
415 U.S. App. D.C. 1
| D.C. Cir. | 2015Background
- Gross, a felon, was indicted for unlawful firearm possession (18 U.S.C. § 922(g)(1)).
- Gross moved to suppress the handgun as the fruit of an unlawful seizure; the district court denied the motion.
- Officers, during a gun-recovery patrol, approached Gross and asked about a gun; Bagshaw questioned him from the car while Katz asked to check for a gun; Gross ran when Katz exited the car.
- Katz apprehended Gross and conducted a frisk, yielding a .40-caliber handgun from his waistband.
- District court held no seizure occurred until after Gross fled; bench trial followed and Gross was convicted.
- On appeal, Gross challenges the suppression ruling, arguing an unlawful seizure occurred before the gun was found.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Bagshaw's initial questioning amounts to a seizure | Gross argues the questioning showed control over him, constituting a seizure. | Gross's encounter remained consensual under Bostick/Drayton standards. | No seizure; questioning did not restrain freedom to leave. |
| Whether Katz’s exit and frisk after Gross fled constituted a seizure | Gross contends the pursuit and frisk were impermissible seizure without probable cause. | Once Gross fled, officers gained authority to stop and frisk for weapons. | No Fourth Amendment seizure prior to the frisk; seizure occurred only after flight. |
Key Cases Cited
- Florida v. Bostick, 501 U.S. 429 (U.S. 1991) (asking questions without coercing compliance does not automatically seize)
- United States v. Drayton, 536 U.S. 194 (U.S. 2002) (consensual questioning on a bus does not seize; voluntary consent exception)
- United States v. Goddard, 491 F.3d 457 (D.C. Cir. 2007) (four officers in police gear did not automatically create a seizure)
- Michigan v. Chesternut, 486 U.S. 567 (U.S. 1988) (approaching in a car without coercive tactics does not constitute a seizure)
- United States v. Brignoni-Ponce, 422 U.S. 873 (U.S. 1975) (reasonable, objective justification required for seizures)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (definition of seizure and reasonable suspicion framework)