Appellant Ulysses Lloyd was convicted by a jury of various drug and weapons offenses, including possession with an intent to distribute crack cocaine, 21 U.S.C. §§ 841(a)(1), 841(b)(l)(A)(iii), and using or carrying a firearm during and in relation to a drug trafficking offense, 18 U.S.C. § 924(c)(1). For reversal of his conviction, appellant argues the district court 1 erred in refusing to suppress evidence that was obtained in violation of his Fourth Amendment rights. We affirm.
On the evening of December 20,1992, Officers Cottingham and Abbas were fueling their squad car when a man approached them and informed Abbas that he had encountered several black men with machine guns, shotguns, handguns and drugs in the lower level of a nearby apartment complex. He claimed the men threatened to kill him if he did not leave immediately. The man identified the apartment building as a three-story building and described its location. The officers did not know the man and did not question his identity.
Only minutes after receiving this tip, the officers arrived in the alley at the rear of the apartment building. They found only one three-story building on the block and entered through an unlatched security door at the rear of the apartment building. The officers observed that the building layout was identical to that described by the witness and they proceeded to walk the length of the lower hallway with their weapons drawn. As the officers came upon apartment number two, a black man, later identified as Michael Cov-ington, emerged. Officer Cottingham, who was approximately four feet from Covington, pointed his gun and commanded, “police offi
The magistrate judge initially concluded that Covington was arrested without probable cause at the moment the officer pointed his gun and ordered Covington to put his hands up. The magistrate judge recommended that the trial court suppress all evidence seized from the apartment. The district court rejected the magistrate judge’s recommendation, however, finding that the officer’s attempt to stop Covington was a permissible investigatory stop under
Terry v. Ohio,
In order to conduct an investigatory stop, police must have a reasonable, articula-ble suspicion that a crime has been or is being committed and need not possess the probable cause necessary to mate a full arrest.
Terry v. Ohio,
When Covington suddenly emerged from the apartment, the officer pointed his weapon at him and commanded him to put his hands up. Because the officers were investigating a tip that several men with guns had threatened an individual in this apartment building, the officers acted reasonably when they brandished their guns upon encountering Covington. This act did not transform the otherwise valid
Terry
stop into an arrest.
See United States v. Jones,
Instead of complying with the officer’s order to stop, however, Covington began to retreat into the apartment. When Officer Cottingham grabbed Covington as he began to withdraw, the officer was pulled into view of the open doorway and observed the appellant standing with what appeared to be a machine gun in his hands. We have held that what is visible through an open door is in plain view and not subject to Fourth Amendment protection.
United States v. Peters,
Based on the foregoing, we conclude that the officers executed a valid
Terry
stop and, accordingly, the district court did not err in
Notes
. The Honorable Diana E. Murphy, Chief Judge, United States District Court for the District of Minnesota.
. While we base our decision on the validity of the
Terry
stop, we note the decision could have also rested on the conclusion that appellant has no standing to argue that his Fourth Amendment rights were violated as a result of Covington's unlawful arrest.
See Rakas
v.
Illinois,
