United States v. McMullin, No. 12-2300 (6th Cir. 2014)
Annotate this CaseOfficers Hampton and Lyons received a radio communication of a report of an ongoing breaking-and-entering. The caller, Mays, was home and people were attempting to break through her front window. The officers arrived about 10 minutes later, parked their marked cruiser a few houses away, and approached on foot. They noticed McMullin standing close to the caller’s home, then walking toward the officers. Hampton advised McMullin to stop and show his hands. McMullin complied, stating that he was “here for [his] people.” Concerned for their safety and believing that McMullin might be a suspect, the officers frisked McMullin. Mays and her boyfriend, testified that they attempted to tell the officers before the search that McMullin was not the perpetrator. Officer Hampton testified that he had no contact with them before searching McMullin. During the search, Hampton felt a gun in McMullin’s waistband and recovered a revolver. McMullin admitted that he did not have a gun permit and was arrested. Lyons then approached the home and that Mays believed that the perpetrator was her landlord. McMullin was not charged with breaking-and-entering, but was charged as a felon in possession of a firearm, under 28 U.S.C. 922(g)(1). After the district court denied his motion to suppress, McMullin conditionally pleaded guilty. The Sixth Circuit affirmed. The officers’ reasonable suspicion that McMullin was involved in the crime justified their stop and frisk.
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