DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181516P.pdf 04/10/2019 United States v. Alvin Houston
U.S. Court of Appeals Case No: 18-1516
U.S. District Court for the Southern District of Iowa - Davenport
[PUBLISHED] [Gruender, Author, with Wollman and Shepherd, Circuit Judges]
Criminal case - Criminal law and sentencing. Police pursuit in attempting
to seize a person does not amount to a seizure within the meaning of the
Fourth Amendment and because defendant did not submit when an officer
commanded him to wait, there was no seizure and the Fourth Amendment does
not apply; Terry stop was justified by defendant's flight from officers in
an area known for gun-related crime; further defendant was seen to hold a
weapon, giving officers reasonable suspicion criminal activity was afoot;
pat-down search was valid and removal of brass knuckles from defendant's
pocket was lawful; seizure of the brass knuckles gave officers probable
cause for arrest; ravine where handgun was found was beyond the curtilage
of defendant's property, and the officers' search of the area and the
seizure of a handgun did not implicate defendant's Fourth Amendment
rights; four-level enhancement to defendant's offense level under
Guidelines Sec. 2K2.1(b)(6)(B) upheld - see U.S. v. Walker, 771 F.3d 449
(8th Cir. 2014).