United States v. Jaquan Taylor

MEMORANDUM

Defendant-Appellant Jaquan Taylor appeals his conviction, following a stipulated-facts bench trial, for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g), Taylor argues that the district court should have suppressed the gun and ammunition that slipped from his waistband when a police officer tackled Taylor to the ground after he suddenly ran away from the police. Taylor contends that the gun and ammunition were fruits of an unconstitutional seizure because the police did not have reasonable suspicion to stop him. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The government argues for the first time on appeal that Taylor was not “seized” for purposes of the Fourth Amendment before the gun and ammunition fell from his waistband and, therefore, that those items cannot be fruits of an illegal seizure. The government waived this argument by failing to present it to the district court. United States v. Flores-Payon, 942 F.2d 556, 558 (9th Cir. 1991).

2. Reasonable suspicion requires a “particularized and objective basis for suspecting the particular person stopped of criminal activity” under the “totality of the…