Submitted November 20, 2013
Appeal from United States District Court for the Western District of Missouri - Kansas City.
For United States of America, Plaintiff - Appellee: Paul S. Becker, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Kansas City, MO.
For Monterrio M. Woods, Defendant - Appellant: Anita L. Burns, Assistant Federal Public Defender, FEDERAL PUBLIC DEFENDER'S OFFICE, Kansas City, MO.
Monterrio M. Woods, Defendant - Appellant, Pro se, Greenville, IL.
Before BENTON, BEAM, and SHEPHERD, Circuit Judges.
BEAM, Circuit Judge.
Monterrio Woods appeals the district court's denial of his motion to suppress, arguing that the stop and frisk of his person and the subsequent discovery of a firearm violated his Fourth Amendment rights. Having jurisdiction under 28 U.S.C. § 1291, we affirm.
On August 20, 2011, at approximately 8:30 p.m., Officers Bailey, Jamieson and Dimartino responded to a report of a suspicious person armed with a gun at a bus stop near 12th Street and Grand Avenue in Kansas City, Missouri. An individual called 911 (" the caller" ) and relayed that he saw a man with a gun on his person while riding the bus. The caller described the individual as a black male wearing a black hat, tan pants and a white t-shirt. Officer Bailey arrived at the scene a few minutes before Officers Jamieson and Dimartino and observed a black man wearing a dark colored hat leaving the bus stop on foot. Upon arriving, Officnoers Jamieson and Dimartino noticed two individuals sitting at the end of the bus stop who also matched the description given. The individuals identified by Officers Jamieson and Dimartino watched the officers intently, but Officer Bailey radioed that he was approaching another man, so the two officers provided him back-up. Officer Bailey approached the man leaving the bus stop from behind and commanded him to turn around. When the man did not respond, Officer Bailey took the man to the ground and frisked him for weapons. Officers Bailey and Dimartino then recognized the man as an intoxicated homeless man, whom they had dealt with before. Based on their previous encounters, the officers did not believe him to be the individual with the gun, and abandoned that lead.
Officer Jamieson then contacted the 911 caller by phone for further information. The caller, who was still in the area watching the officers' actions, advised Officer Jamieson that the officers had stopped the wrong person. The caller insisted that the man he saw on the bus with a gun was one of the two men sitting at the end of the bus stop. The caller noted one of the men had a black hat and the other had a camouflage hat. Specifically, Officer Jamieson testified, ...