Facts
After 1:00 a.m. on April 10, 2021, a resident of Oakland Garden Apartments in Houston, Texas, reported a burglary in progress. While hiding in his kitchen, the resident informed the dispatcher that several men and women were breaking into his apartment located on the western edge of the apartment complex near a hexagon-shaped pool. The caller did not provide a description of the suspects. Nor did the caller indicate whether the suspects possessed weapons or traveled by vehicle or on foot.
Officer Jacob Ready of the Houston Police Department was in the surrounding area and responded to the ongoing burglary via the eastern entrance of Oakland Garden on Antoine Drive. After parking his patrol car, Officer Ready hastily proceeded through a dimly lit alleyway by foot. He then encountered Antonio Gomez, Jr., exiting a perpendicular alleyway near an oval-shaped pool. While passing by Gomez’s left side, Officer Ready turned towards Gomez and noticed a black gun in his right hand and exclaimed, “Hey, what the f*** Officer Ready then tackled Gomez to the ground, handcuffed him, and reported the detention.
After a moment, two more officers arrived, and Officer Ready instructed them to look for the gun that Gomez had thrown. One of the officers retrieved the loaded firearm. Officer Ready took Gomez to his patrol car for safety reasons. While walking to the parking lot, Officer Ready asked Gomez if he had a criminal history and if he had a driver’s license. Gomez admitted that he had both and told Officer Ready his name and date of birth. Officer Ready placed Gomez in the back of the patrol vehicle and confirmed his identity. The criminal-history check revealed that Gomez had 17 prior convictions, including numerous felony convictions.
Officer Ready contacted the district attorney, who agreed to charge Gomez with possession of a firearm by a convicted felon and evading arrest. Officer Ready did not read Gomez his Miranda rights but informed him of the charges. Officer Ready transported Gomez to the processing center. On October 14, 2021, a federal grand jury indicted Gomez for possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). Gomez filed a motion to suppress evidence. The district court held a suppression hearing with Officer Ready as the sole witness. Officer Ready’s body-worn camera footage from the early morning of April 10, 2021, was viewed at the hearing.
During the cross-examination, Officer Ready testified that it was not unlawful for Gomez to carry a firearm under certain circumstances. Officer Ready then explained why he decided to tackle and detain Gomez: Obviously, I took the totality of the circumstances…Basically, this specific apartment complex, the gang violence, the shootings, the burglary of a habitation that we do have, it’s very easy for a suspect to hear the jingling of a police officer’s keys or handcuffs or hear someone running and think, maybe I should go in this direction. Then I encounter him. I know he has a firearm. He starts coming up with his arm. I start to move towards him. Then he throws the gun. It happened so rapidly. I know we’re looking at three seconds of actual time right here, but it was based on the totality of the circumstances.
Officer Ready acknowledged that he did not have a description of the burglars or a report of a firearm at the time of the arrest. The district court denied the motion to suppress. Gomez pleaded guilty to the charged offense while reserving his right to appeal the suppression ruling. The district court sentenced Gomez to 120 months and 3 years of supervised release. On appeal, Gomez argues his motion to suppress should have been granted. The 5th affirmed.
Analysis
Gomez contends that Officer Ready executed an arrest—not a detention—pursuant to an investigatory stop, and that Officer Ready lacked probable cause for the arrest. Viewing the evidence in the light most favorable to the Government, we disagree with Gomez.
Officer Ready entered the apartment complex after midnight to respond to a call about an ongoing burglary involving multiple perpetrators. The complex is known for criminal activity and gang violence. While proceeding by foot through the complex, Officer Ready encountered Gomez, who was carrying a firearm. Upon noticing it, Officer Ready shouted at Gomez, and Gomez attempted to conceal the firearm and flee. Within seconds, Officer Ready lawfully seized Gomez to investigate the ongoing criminal activity. Officer Ready’s seizure constituted a detention, not a formal arrest.
Furthermore, the totality of circumstances supports the conclusion that Officer Ready had reasonable suspicion to detain Gomez. The facts before us—the encounter occurring in the middle of the night in a reputed high crime area coupled with Gomez carrying a firearm and attempting to flee—establish that a reasonably prudent officer could have harbored a reasonable suspicion that criminal activity was afoot. See McKinney (explaining that concealing contraband and fleeing from officers contribute to suspicion); see also Rideau (explaining that late-night encounters in high crime neighborhoods raise the level of police suspicion). The district court did not err by denying Gomez’s motion to suppress.
https://www.ca5.uscourts.gov/opinions/unpub/23/23-20068.0.pdf