United States v. Johnson, No. 15-1366 (7th Cir. 2016)
Annotate this CaseMilwaukee police saw a car stopped within 15 feet of a crosswalk, which is unlawful unless the car is “actually engaged in loading or unloading or in receiving or discharging passengers”. One police car drew up parallel to the stopped car, and another drew up behind. Shining lights through the car’s windows (it was after sunset), police saw a passenger in the back seat try to hide a firearm. Johnson, the passenger, was prosecuted for possessing a firearm as a felon, 18 U.S.C. 922(g)(1). After the district court denied his motion to suppress the gun, Johnson entered a conditional guilty plea and was sentenced to 46 months’ imprisonment. The Seventh Circuit affirmed, rejecting an argument that the statutory exception for receiving or discharging cargo or passengers means that the police could not have probable cause until they had observed the car long enough to know that it was not within the scope of the exception. The police would have discovered the same evidence without a seizure because any officer was free to walk up to the parked car, which lacking a driver, was not going anywhere.
The court issued a subsequent related opinion or order on October 27, 2017.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.