United States v. Jeter, No. 12-3909 (6th Cir. 2013)
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Toledo police officers, near a shopping center with few stores and in an area with many complaints of robberies, thefts, drug activity, and loitering, noticed a group of people, not going in or out of stores, but remaining together without any visible purpose. They also noticed a man on a bicycle, who rode across the parking lot. Jeter arrived on a bicycle, but was not a member of the group, nor was he the individual seen traversing the parking lot; he entered a store and purchased a snack and bottled water. Exiting the store, he consumed the snack, placed his water on his bicycle, and then began to leave just as officers arrived to “saturate” the plaza and prevent anyone from leaving. TPD implements this “bum rush” tactic “every couple weeks” in areas of suspected criminal activity, to get “more gun[s] off the street” or “more person[s] with outstanding warrants.” Thinking he was the person they had seen earlier, officers stopped Jeter, who ran. When officers caught Jeter, they found a handgun. After the district court denied his motion to suppress, Jeter pleaded guilty as a felon in possession of a firearm, 18 U.S.C. 922(g)(1), reserving his right to appeal the denial of the motion. His advisory Guidelines range was 30 to 37 months. The district court sentenced Jeter to 45 months of imprisonment. The Sixth Circuit affirmed.
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