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United States v. Harris

United States Court of Appeals, Eighth Circuit

April 4, 2014

United States of America, Plaintiff - Appellee
v.
Tyrone Harris, Defendant - Appellant

Petition for certiorari filed at, 08/05/2014

Submitted January 14, 2014

Page 1014

For United States of America, Plaintiff - Appellee: Christina Y. Tabor, U.S. Attorney's Office, Kansas City, MO.

Tyrone Harris, Defendant - Appellant, Pro se, Greenville, IL.

For Tyrone Harris, Defendant - Appellant: Ronna Ann Holloman-Hughes, Federal Public Defender's Office, Kansas City, MO.

Before RILEY, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

OPINION

Page 1015

SHEPHERD, Circuit Judge.

Tyrone Harris entered a conditional guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § § 922(g)(1) and 924(a)(2). Harris now appeals the district court's[1] denial of his motions to suppress. On appeal, Harris contends that the court should have suppressed evidence that the Kansas City Police Department obtained through its unlawful search and seizure of Harris. We disagree with Harris's contention, and we affirm the district court's denial of Harris's motions to suppress.

I.

Around 1:00 p.m. on January 29, 2011, a Greyhound bus employee called the Kansas City Police Department to notify the police that a man at its bus station had fallen asleep on a bench with a handgun falling out of his pants pocket. Firearms were prohibited in the Greyhound terminal as Greyhound had elected, pursuant to Mo. Rev. Stat § 571.107, to prohibit the carrying of concealed firearms at the bus station. See Report and Recommendation on Defendant's Motions to Suppress at 2. Three Kansas City Police Officers were immediately dispatched to the station. The bus station, on Troost Street in downtown Kansas City, is located in a high-crime

Page 1016

area. Id. When the officers arrived at the station, the Greyhound employee who had called directed the officers toward the sleeping man. The man was lying on a bench, asleep, in the middle of the lobby waiting area. The man's legs were propped up on the bench and a handgun was " sliding" out of his right front pants pocket with the " handle and back portion of the slide" exposed. See Suppression Tr. at 15. Concerned that the man might wake up and attempt to use the handgun or that the handgun could fall out of the man's pants pocket and accidently discharge, one of the officers removed the handgun[2] from the sleeping man's pocket. See Report and Recommendation on Defendant's Motions to Suppress at 3-4. The officers woke the man and placed him in handcuffs. The officers then ...


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