Donald Dunlap v. Anchorage Police Department

concurring in part and dissenting in part:

I agree with the majority that the investigatory stop and search of Dunlap’s vehicle were -lawful. I dissent from the decision to reverse and remand because Officer Henry had probable cause to arrest Dunlap for failing to immediately notify him of the two concealed loaded pistols within reach in the vehicle.

Alaska state law requires that, when contacted by a peace officer, a person possessing a concealed deadly weapon “on the person” must “immediately inform the peace officer of that possession or allow the peace officer to secure the deadly weapon.” Alaska Stat. § 11.61.220 (a)(i)(A)(i). An Anchorage municipal ordinance expands the notification requirement under state law and provides that if a “firearm” is “concealed about his or her person in any manner,” the person when contacted by a -peace officer must “immediately inform the peace officer of that possession and allow the peace officer to secure the firearm.” Anchorage Municipal Code § 8.25.020(A)(l)(a)(i). Neither the state law nor the local ordinance prohibit the lawful possession of concealed firearms-on the person, about the person, and in a vehicle. The requirement of…

MEMORANDUM **

Donald Dunlap (“Dunlap”) appeals the district court’s grant of summary judgment to the defendant-appellees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, reverse in part and remand.

The district court did not err in granting summary judgment to defendant-appellees regarding Officer Shaun Henry’s initial contact with Dunlap. Officer Henry conducted a lawful Terry stop. Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). Officer Henry observed Dunlap at 3:00 A.M., backed into a parking space in a dark, vacant lot. Dunlap had his headlights off and his engine running. These circumstances authorized Officer Henry’s initial contact with Dunlap. Id. at 22 , 88 S.Ct. 1868 (“[A] police officer may in appropriate circumstances and in an appropriate manner approach a person for purposes of investigating possibly criminal behavior even though there is no probable cause to make an arrest.”); see also Illinois v. Wardlow, 528 U.S. 119, 123 , 120 S.Ct. 673 , 145 L.Ed.2d 570 (2000) (“in Terry, we held that an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable,…

FILED

NOT FOR PUBLICATION JUN 22 2015

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONALD W. DUNLAP, No. 12-35991

Plaintiff - Appellant, D.C. No. 3:10-cv-00242-SLG

v.

MEMORANDUM*

ANCHORAGE POLICE DEPARTMENT;

et al.,

Defendants - Appellees.

Appeal from the United States District Court for the District of Alaska Sharon L. Gleason, District Judge, Presiding

Submitted October 6, 2014** San Francisco California

Before: THOMAS, Chief Judge and D.W. NELSON and LEAVY, Circuit Judges.

Donald Dunlap (“Dunlap”) appeals the district court’s grant of summary

judgment to the defendant-appellees. We have jurisdiction pursuant to 28 U.S.C.

§ 1291, and we affirm in part, reverse in part and remand.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). The district court did not err in granting summary judgment to defendant-

appellees regarding Officer…