United States v. Tyquell Alexander

Seventh Circuit

United States v. Tyquell Alexander

78 F.4th 346

Court of Appeals for the Seventh Circuit·Decided August 11, 2023·No. 22-2802·Published·Cited by 6 cases

Opinion

In the

United States Court of Appeals For the Seventh Circuit

No. 22-2802 UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

TYQUELL ALEXANDER, Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

No. 21 CR 190 — John J. Tharp, Jr., Judge.

ARGUED JULY 12, 2023 — DECIDED AUGUST 11, 2023

Before SYKES, Chief Judge, and ROVNER and WOOD, Circuit Judges.

ROVNER, Circuit Judge. ȱĜȱĴȱ¢ȱ¡Ȭ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ ¢ȱ ȱ ȱ ȱ scene, apprehended and frisked him, and found the gun ȱȱȱ ǯȱ¡ǰȱ ȱ ȱcharged with ȱȱęȱȱȱǰȱŗŞȱǯǯǯȱȗ 922(g)(1), moved ȱ ȱ ȱ ęȱ ȱ ȱ ȱ ȱ ȱ ȱ cause. The district court denied the motion. Because the 2 No. 22-2802

Ĝȱ ȱ¡ȱ ȱȱȱ ȱ ȱ ȱ suspiciousl¢ȱ ȱ¢ȱȱȱȱǰȱ ȱĜǯȱ Late one night in October 2020, ShotSpotter devices 1 alerted the Chicago Police Department to possible gunshots ȱȱŚŚŖŖȱȱȱȱȱ ¢, on Chicago’s west side. Police officers began ȱ ȱ ȱ ¢ȱ Ȭ mote-controlled surveillance cameras called Police Observation Devices. These camerasǰȱ ȱȱȱ¢ȱȬ sitioned in high-crime locations, enabled police to watch a large group congregating on that block. The monitoring officers saw ȱȱȱȱȱȱ¡ǯȱ¡ȱȱthe gun ¢ȱȱ¡¢ȱȱȱȱȱ it in his front waistband. The officers who saw the hand-off ȱȱȱǯȱȱ¢ȱǰȱ¡ȱȱȱ opposite direction. He then stepped behind a man standing alongside him and moved toward a metal fence that blocked ȱȱ ¢ȱȱȱ. He pushed against the fence but ȱ ȱ ȱ ȱ ȱ ¢ȱ he officers, who handcuffed and frisked him. One officer felt an L-shaped object in ¡Ȃȱ ȱȱȱȱȱǯȱȱȬ ȱȱ¡ȱȱȱȱȱȱȱȱȱ the police station.

¡ȱ ȱȱ ȱȱȱȱȱȬ ȱȱȱȱ¢ǯȱŗŞȱǯǯǯȱȗ 922(g)(1). He moved to ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ

1 ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ

noises suggestive of gunshots. “The Chicago Police Department’s Use of ȱ ¢ǰȄȱ THE CITY OF CHICAGO OFFICE OF INSPECTOR GENERAL, at 4 (Aug. 24, 2021), https://igchicago.org/wp-content/uploads /2021/08/Chicago-Police-Departments-Use-of-ShotSpotter-Technol- ¢ǯ (archived at https://perma.cc/XG4C-WMKC).

No. 22-2802 3

arguing that the officers’ knowledge that he possessed a gun before their arrival did not establish probable cause that he committed or was committing a crime. The government re- ȱȱȱȱȱȱȱ¢ȱ stop was reasonable suspicion—a standard that justified stopping and frisking ¡ȱȱȱ ShotSpotter alert, his open possession of a gun, and his evasive actions when the officers arrived.

ȱ ȱ ȱ ȱ ¡Ȃȱ ǯȱ ǰȱ ȱ ȱȱȱȱȱ¡Ȃȱ£—whether ȱ ȱȱȱȱȱȱȱȱ¢ȱ ȱȱ¢ȱȱ—and settled upon ȱȱȱȱȱ ȱ ȱ¢ȱȱ¡Ȭ ander that he possessed a gun. The judge then determined ȱȱȱ¡ǰȱȱbecause ȱ¡Ȃȱe possession of a gun, but for two other reasons. First, the officers saw that ¡ȱ ȱ ȱ ȱ ȱ Ȭ ȱ¢ȱǰȱŝŘŖȱILCS 5/24-1(a)(10)(iv), when he carried an unconcealed ȱȱȱȱ ǯȱǰȱ¡Ȭ ander tried to ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ scene after a suspicious handoff just minutes earlier.

¡ȱȱȱȱȱȱǰȱsee FED. R. CRIM. P. 11(a)(2), preserving his right to appeal the ruling on his motion to suppress. The judge sentenced him to ȱ¢ȱȱǯ ¡ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ȭ press. As a ¢ȱmatter, it is not obvious at which point ¡ȱ ȱ ǻǯǯǰȱ ȱ ȱ ȱ ȱ ȱ £ȱ ȱ ǰȱȱǰȱ ȱ¢ȱransported him to the police station) andǰȱ¢ǰ whether the officers’ conduct should ȱ¢£ under a probable cause or reasonable suspicion 4 No. 22-2802

standard. But the government contends that the standard is immaterial because the officers “possessed both probable cause (as the district judge concluded) and reasonable suspi- ȱȱǰȱǰȱȱȄȱ¡ǯȱ the parties and district judge all evaluated whether there was probable ȱ ȱ ȱ ¡ȱ ȱ ȱ ȱ ȱ ȱ frisked him, and probable cause is the more demanding ǰȱ ȱȱ¢£ȱ ȱȱȱȱȱ cause.

A warrantless arrest is valid under the Fourth Amend-

ȱ¢ȱȱȱȱȱ¢ȱȱǯȱDistrict of Columbia v. Wesby, 138 ǯȱǯȱśŝŝǰȱśŞŜȱǻŘŖŗŞǼǯ Probable cause ¡Ȭ ists, in turn, when ȱ¢ȱȱ—with the same information ȱ¢ȱȱȱ—would believe there ȱȱ¢ȱ ȱȱȱȱȱ ¢. Id. When reviewing the denial of a motion to suppress , we review the judge’s legal determination of probable cause de novo and the judge’s factual findings for clear error. Ornelas v. United StatesǰȱśŗŝȱǯǯȱŜşŖǰȱŜşşȱǻŗşşŜǼǲȱUnited States v. Key, 889 ǯřȱşŗŖǰȱşŗŘȱǻŝȱǯȱŘŖŗŞǼǯ ¡ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱȱȱȱȱ¢ȱȱȱȱȱȱt ȱȱȱȱ ¢ǯȱȱȱȱȱȱ more important, broader point. Even if—ȱ ¡ȱ Ȭ gues—the officers did not know that he ȱȱ¢ȱȬ tion or lacked a concealed-¢ȱ ǰȱ ¢ȱ ȱ ȱ cause to believe that he broke Illinois law, that is, the Illinois ȱȱ¢ȱ. That Act allows a person with ȱȱȱ¢ȱa ȱȱȱȱȱ¢ȱȱit is “com- ¢ȱȱ¢ȱȱȱ ǰȄȱŚřŖȱILCS ŜŜȦśǰȱŜŜȦŗŖǲȱ

No. 22-2802 5

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In the

United States Court of Appeals For the Seventh Circuit

No. 22-2802 UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

TYQUELL ALEXANDER, Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.

No. 21 CR 190 — John J. Tharp, Jr., Judge.

ARGUED JULY 12, 2023 — DECIDED AUGUST 11, 2023

Before SYKES, Chief Judge, and ROVNER and WOOD, Circuit Judges.

ROVNER, Circuit Judge. ȱĜȱĴȱ¢ȱ¡Ȭ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ ¢ȱ ȱ ȱ ȱ scene, apprehended and frisked him, and found the gun ȱȱȱ ǯȱ¡ǰȱ ȱ ȱcharged with ȱȱęȱȱȱǰȱŗŞȱǯǯǯȱȗ 922(g)(1), moved ȱ ȱ ȱ ęȱ ȱ ȱ ȱ ȱ ȱ ȱ cause. The district court denied the motion. Because the 2 No. 22-2802

Ĝȱ ȱ¡ȱ ȱȱȱ ȱ ȱ ȱ suspiciousl¢ȱ ȱ¢ȱȱȱȱǰȱ ȱĜǯȱ Late one night in October 2020, ShotSpotter devices 1 alerted the Chicago Police Department to possible gunshots ȱȱŚŚŖŖȱȱȱȱȱ ¢, on Chicago’s west side. Police officers began ȱ ȱ ȱ ¢ȱ Ȭ mote-controlled surveillance cameras called Police Observation Devices. These camerasǰȱ ȱȱȱ¢ȱȬ sitioned in high-crime locations, enabled police to watch a large group congregating on that block. The monitoring officers saw ȱȱȱȱȱȱ¡ǯȱ¡ȱȱthe gun ¢ȱȱ¡¢ȱȱȱȱȱ it in his front waistband. The officers who saw the hand-off ȱȱȱǯȱȱ¢ȱǰȱ¡ȱȱȱ opposite direction. He then stepped behind a man standing alongside him and moved toward a metal fence that blocked ȱȱ ¢ȱȱȱ. He pushed against the fence but ȱ ȱ ȱ ȱ ȱ ¢ȱ he officers, who handcuffed and frisked him. One officer felt an L-shaped object in ¡Ȃȱ ȱȱȱȱȱǯȱȱȬ ȱȱ¡ȱȱȱȱȱȱȱȱȱ the police station.

¡ȱ ȱȱ ȱȱȱȱȱȬ ȱȱȱȱ¢ǯȱŗŞȱǯǯǯȱȗ 922(g)(1). He moved to ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ǰȱ

1 ȱ ȱ ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ

noises suggestive of gunshots. “The Chicago Police Department’s Use of ȱ ¢ǰȄȱ THE CITY OF CHICAGO OFFICE OF INSPECTOR GENERAL, at 4 (Aug. 24, 2021), https://igchicago.org/wp-content/uploads /2021/08/Chicago-Police-Departments-Use-of-ShotSpotter-Technol- ¢ǯ (archived at https://perma.cc/XG4C-WMKC).

No. 22-2802 3

arguing that the officers’ knowledge that he possessed a gun before their arrival did not establish probable cause that he committed or was committing a crime. The government re- ȱȱȱȱȱȱȱ¢ȱ stop was reasonable suspicion—a standard that justified stopping and frisking ¡ȱȱȱ ShotSpotter alert, his open possession of a gun, and his evasive actions when the officers arrived.

ȱ ȱ ȱ ȱ ¡Ȃȱ ǯȱ ǰȱ ȱ ȱȱȱȱȱ¡Ȃȱ£—whether ȱ ȱȱȱȱȱȱȱȱ¢ȱ ȱȱ¢ȱȱ—and settled upon ȱȱȱȱȱ ȱ ȱ¢ȱȱ¡Ȭ ander that he possessed a gun. The judge then determined ȱȱȱ¡ǰȱȱbecause ȱ¡Ȃȱe possession of a gun, but for two other reasons. First, the officers saw that ¡ȱ ȱ ȱ ȱ ȱ Ȭ ȱ¢ȱǰȱŝŘŖȱILCS 5/24-1(a)(10)(iv), when he carried an unconcealed ȱȱȱȱ ǯȱǰȱ¡Ȭ ander tried to ȱ ȱ ȱ ȱ ¢ȱ ȱ ȱ ȱ scene after a suspicious handoff just minutes earlier.

¡ȱȱȱȱȱȱǰȱsee FED. R. CRIM. P. 11(a)(2), preserving his right to appeal the ruling on his motion to suppress. The judge sentenced him to ȱ¢ȱȱǯ ¡ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ Ȭ press. As a ¢ȱmatter, it is not obvious at which point ¡ȱ ȱ ǻǯǯǰȱ ȱ ȱ ȱ ȱ ȱ £ȱ ȱ ǰȱȱǰȱ ȱ¢ȱransported him to the police station) andǰȱ¢ǰ whether the officers’ conduct should ȱ¢£ under a probable cause or reasonable suspicion 4 No. 22-2802

standard. But the government contends that the standard is immaterial because the officers “possessed both probable cause (as the district judge concluded) and reasonable suspi- ȱȱǰȱǰȱȱȄȱ¡ǯȱ the parties and district judge all evaluated whether there was probable ȱ ȱ ȱ ¡ȱ ȱ ȱ ȱ ȱ ȱ frisked him, and probable cause is the more demanding ǰȱ ȱȱ¢£ȱ ȱȱȱȱȱ cause.

A warrantless arrest is valid under the Fourth Amend-

ȱ¢ȱȱȱȱȱ¢ȱȱǯȱDistrict of Columbia v. Wesby, 138 ǯȱǯȱśŝŝǰȱśŞŜȱǻŘŖŗŞǼǯ Probable cause ¡Ȭ ists, in turn, when ȱ¢ȱȱ—with the same information ȱ¢ȱȱȱ—would believe there ȱȱ¢ȱ ȱȱȱȱȱ ¢. Id. When reviewing the denial of a motion to suppress , we review the judge’s legal determination of probable cause de novo and the judge’s factual findings for clear error. Ornelas v. United StatesǰȱśŗŝȱǯǯȱŜşŖǰȱŜşşȱǻŗşşŜǼǲȱUnited States v. Key, 889 ǯřȱşŗŖǰȱşŗŘȱǻŝȱǯȱŘŖŗŞǼǯ ¡ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱȱȱȱȱ¢ȱȱȱȱȱȱt ȱȱȱȱ ¢ǯȱȱȱȱȱȱ more important, broader point. Even if—ȱ ¡ȱ Ȭ gues—the officers did not know that he ȱȱ¢ȱȬ tion or lacked a concealed-¢ȱ ǰȱ ¢ȱ ȱ ȱ cause to believe that he broke Illinois law, that is, the Illinois ȱȱ¢ȱ. That Act allows a person with ȱȱȱ¢ȱa ȱȱȱȱȱ¢ȱȱit is “com- ¢ȱȱ¢ȱȱȱ ǰȄȱŚřŖȱILCS ŜŜȦśǰȱŜŜȦŗŖǲȱ

No. 22-2802 5

see ŝŘŖȱ ȱśȦŘŚ-1(a)(1ŖǼǻǼǰȱȱǰȱȱȱ ȱ¡Ȭ ȱȱȱȱ¢ȱ¢ȱȱǯ In a related challenge to the judge’s probable-cause ruling, ¡ȱȱȱȱȃȱȱȱȄȱȱ the face of the officers’ approach—when he ¢ȱȃȱ ȱ¢ȄȱȱȃȱȱȱȄ—did not give the officers reason to believe that his gun possession was unlawful. True, such behavior alone seems unremarkable for purposes of probable cause. See United States v. Williamsǰȱŝřŗ ǯřȱŜŝŞ, ŜŞŝȱǻŝȱǯȱŘŖŗřǼȱǻ“Mȱǰȱ ȱȱ¢ȱȱȬ ȱǰȱȱ¢ȱ ȱȱǰȱȱ ¢ȱǰȱȱ ȱ¢ȱȱȱȱȱȱȱȱ ¢ȱȱȱ area … .Ȅ). ȱ¡Ȃȱȱȱagain too narrow—his behavior ȱ ȱ Ȃȱ ȱ ȱ ¢ȱ ȱ ȱ point among the ¢ȱȱȱthat could establish probable cause. In United States v. RichmondǰȱşŘŚȱǯřȱŚŖŚȱǻŝȱ Cir. 2019)ǰȱȱ¢ȱȱǰ we concluded that officers had reasonable suspicion that the defendant committed a crime based on ȱȃȱȄȱȱȱ shirt pocket, his ȱ ȱ ȱ ȱ ȱ ȃǳȄȱ ȱ their approach, and his placement of an unidentifiable object on the threshold of his front door. Id. at 408-09. A similar set of circumstances was present here: ¢ȱȱofficers could infer ȱ¢ȱȱȱ ȱȱ he possessed a gun (which is undisputed), and his furtive movements upon their approach. See also United States v. Adair, 925 F.3d 931, 934, 938 ǻŝȱǯȱŘŖŗşǼ (officers had reasonable suspicion in part because defendant tried to evade of- ȱ¢ȱ ȱȱ Ǽǯ For these reasons, we AFFIRM the district judge’s denial of Al¡Ȃȱȱȱȱǯ

United States v. Tyquell Alexander, 78 F.4th 346 (7th Cir. 2023).

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