Disir
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- Sep 30, 2011
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Being black, having a gun and running from police is not a crime, according to the 9th Circuit Court of Appeals, which has reversed a federal judge and suppressed evidence used to convict a Seattle man on federal gun and drug charges.
The unanimous, precedent-setting opinion by a three-member panel of judges on the San Francisco-based appellate court likely means the 2017 convictions of 38-year-old Daniel Derek Brown — and his six-year prison term — will be thrown out and Brown will be freed, according to his attorney. The judges found that two King County Sheriff’s Office Metro Transit officers did not have sufficient reason to chase him down and arrest him at gunpoint after an anonymous tipster called 911 to report seeing a black man with a gun.
Brown ran after the deputies followed him in a vehicle for several blocks through Seattle’s Belltown neighborhood. They found a loaded handgun, drugs and cash on him after his arrest.
The stop was particularly tenuous, according to the court’s 18-page opinion issued this week, because some citizens — particularly people of color — may have good reason to run from police in these times of heightened racial tension. By itself, it does not form the sort of “reasonable suspicion” an officer needs to justify stopping someone, the court found.
Being black, having a gun and fleeing is not reason enough for police to stop someone, appellate court rules in Seattle case
Hmmmm...........chasing man with gun with crack and cash thus proving the suspicion can no longer be enough based on race. I haven't read the opinion yet.
The unanimous, precedent-setting opinion by a three-member panel of judges on the San Francisco-based appellate court likely means the 2017 convictions of 38-year-old Daniel Derek Brown — and his six-year prison term — will be thrown out and Brown will be freed, according to his attorney. The judges found that two King County Sheriff’s Office Metro Transit officers did not have sufficient reason to chase him down and arrest him at gunpoint after an anonymous tipster called 911 to report seeing a black man with a gun.
Brown ran after the deputies followed him in a vehicle for several blocks through Seattle’s Belltown neighborhood. They found a loaded handgun, drugs and cash on him after his arrest.
The stop was particularly tenuous, according to the court’s 18-page opinion issued this week, because some citizens — particularly people of color — may have good reason to run from police in these times of heightened racial tension. By itself, it does not form the sort of “reasonable suspicion” an officer needs to justify stopping someone, the court found.
Being black, having a gun and fleeing is not reason enough for police to stop someone, appellate court rules in Seattle case
Hmmmm...........chasing man with gun with crack and cash thus proving the suspicion can no longer be enough based on race. I haven't read the opinion yet.