United States v. Warren James Bland

OVERVIEW

Police captured Warren James Bland after spotting him beside a car that he was reported to have stolen. Bland was shot in the leg while attempting to flee. A gun was found in the car. When Bland’s parole officer interviewed him at the hospital nine days after the shooting, Bland confessed stealing the gun and the car. Bland was charged with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1) (1988), and given a life sentence pursuant to an enhancement for being a career criminal under 18 U.S.C. § 924 (e)(1) (1988). We reverse and remand for a new trial.

FACTS AND PROCEEDINGS

In early 1987 the San Diego Police had a warrant for the arrest of Bland for the torture, molestation, and murder of a seven year-old girl. A police task force searching for Bland was informed that Bland was driving a stolen car and was probably armed. On February 9, 1987, Officer Birse spotted Bland at a parking lot standing by a car which fit the description of the stolen car. Birse ordered Bland not to move. Bland attempted to flee, and Birse shot him. The bullet struck Bland’s leg.

Bland was hospitalized. Nine days after the shooting, Bland’s parole officer, John…