United States v. Hinojosa, No. 12-2258 (6th Cir. 2013)
Annotate this CaseOfficers on patrol in a high-crime, high-drug area observed a vehicle, occupied by Hinojosa, parked next door to a house that had been the site of past drug activity. After Hinojosa walked up and down the driveway, went into the house, and left after less than one minute, officers followed him. There had been reports of drug manufacturing in an apartment in the building where he stopped. An officer exited the unmarked police car; the other parked the car so that it would not have blocked Hinojosa if he had tried to leave. The officer approached Hinojosa, indicating that he wanted to talk, with his hand on his weapon. Hinojosa, with his window rolled up, asked why he wanted to talk. The officer responded that they had suspicions about his odd behavior in the other driveway. After Hinojosa provided a driver’s license, a dispatcher stated that the license was suspended and that Hinojosa was on parole. Hinojosa was arrested. Hinojosa stated that he was carrying a pistol, which the officer removed from Hinojosa’s waistband. After denial of his motion to suppress, Hinojosa pled guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The Sixth Circuit affirmed: the questioning leading up to Hinojosa’s arrest and search occurred during a consensual encounter. A reasonable person would have felt free to terminate the encounter. Hinojosa was not seized.
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