United States v. Harlson
Docket: No. 06-30134
Court: Court of Appeals for the Ninth Circuit; December 14, 2006; Federal Appellate Court
Leon Harlson appeals his conviction, arguing against the district court’s denial of his motion to suppress evidence obtained during his detention and subsequent search of his vehicle. The court affirms the lower court's decision. Harlson contends that his initial detention was unreasonable under the Fourth Amendment. However, the court finds that Officer Tucker had specific and articulable facts justifying the investigatory stop, including Harlson's presence in a high-crime area at an unusual hour, proximity to a closed business with an open screen door, frequent movements between the business and his vehicle, and his close observation of Officer Tucker. Regarding the search of Harlson's vehicle and the seizure of a firearm, the court rejects his argument that this violated the Fourth Amendment. The search was justified under the plain view exception to the warrant requirement, as Officer Tucker was lawfully present in the public parking lot and the incriminating evidence (a holster) was immediately apparent to him. The court found Tucker’s testimony credible, noting that the holster was visibly bulging and he reasonably believed it contained a gun. Additionally, the search was justified on public safety grounds, as the holster was visible with the vehicle's window down, and previous efforts to secure the vehicle had failed. Officer Tucker acted reasonably in retrieving the holster and firearm to prevent them from falling into unauthorized hands. The district court's denial of Harlson's motion to suppress is upheld. The decision is not intended for publication and cannot be cited in future cases within this circuit except as allowed by specific rules.