Suppression of Evidence

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7^th Circuit Court of Appeals

Case Name: United States of America v. Tyquell Alexander

Case No.: 22-2802

Officials: Sykes, Chief Judge, and Rovner and Wood, Circuit Judges.

Focus: Suppression of Evidence

ShotSpotter devices alerted authorities to potential gunshots occurring on the west side of Chicago. In response, police officers initiated surveillance of the area, utilizing remotely operated cameras that had been strategically positioned in high-crime zones. Their observation revealed a sizable gathering of individuals on a specific block, during which a man handed a firearm to Alexander. Notably, Alexander held the firearm in plain view for a brief period before discreetly tucking it into his waistband. The officers who witnessed the exchange promptly proceeded to the scene. Upon their arrival, Alexander averted his gaze and positioned himself behind another individual before pushing against a fence obstructing his path. Subsequently, the officers took hold of his arms, applying handcuffs and conducting a frisk. During the frisk, one officer identified an L-shaped object within Alexander’s waistband, leading to the discovery of a loaded firearm. Consequently, Alexander faced charges for unlawfully possessing a firearm following a prior felony conviction, as stipulated by 18 U.S.C. 922(g)(1).

The Seventh Circuit upheld the decision to reject Alexander’s motion to suppress the evidence. Since it was not immediately clear at which juncture Alexander’s arrest transpired, the court invoked the standard of probable cause. Probable cause is deemed to exist when an objectively reasonable officer, armed with the same information available to the arresting officer, would arrive at the conclusion that there is a significant likelihood or substantial possibility of criminal activity. Even in instances where the officers were not privy to Alexander’s felony conviction or his lack of a concealed-carry license, they nonetheless had grounds to establish probable cause. Their reasonable judgment was based on the fact that Alexander was in possession of a firearm and exhibited furtive movements. Given these circumstances, it was within the purview of objectively reasonable officers to infer the potential occurrence of criminal actions, particularly considering the knowledge of Alexander’s firearm possession and his evasive behavior.

Affirmed.

Decided 08/11/23

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