Probable Cause – Suppression of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Micha Eatman

Case No.: 18-2525

Officials: BAUER, BRENNAN, and ST. EVE, Circuit Judges.

Focus: Probable Cause – Suppression of Evidence

After a heated argument with his girlfriend, Micha Eatman found himself pounding on her apartment door and yelling to be let inside. Chicago police officers arrived in response to a 911 call and, within moments, they frisked Eatman, seized a loaded handgun, and placed him in handcuffs. Officers then asked Eatman to produce the gun’s registration. The officers also spoke to his girlfriend, who refused to sign a police complaint. They then took Eatman to the police station, where a background check revealed two prior felony convictions. Eatman was turned over to federal authorities and indicted for possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). Eatman moved to suppress the gun, arguing that he was searched without reasonable suspicion of criminal activity and arrested without probable cause since, at the time he was handcuffed, the officers did not know that he possessed the gun unlawfully. The district court denied the motion, finding that the officers had reasonable suspicion when they found Eatman attempting to gain access to the apartment and that the officers arrested Eatman only after inquiring whether he had registration for the gun. Eatman entered a conditional guilty plea, reserving the right to appeal the denial of his motion to suppress.

On appeal, Eatman concedes the police officers had reasonable suspicion to conduct a frisk but argues he was arrested without probable cause when he was handcuffed and thus his felon status should be suppressed. Because we find the use of handcuffs on Eatman to be reasonable, we affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.