Filed: Jan. 26, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-60355 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLARENCE ATKINSON, also known as Daniel Wallace Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:99-CR-143-ALL - January 24, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Clarence Atkinson appeals his jury conviction for one count of being a felon in possession
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-60355 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLARENCE ATKINSON, also known as Daniel Wallace Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:99-CR-143-ALL - January 24, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Clarence Atkinson appeals his jury conviction for one count of being a felon in possession ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60355
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLARENCE ATKINSON, also known as
Daniel Wallace
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:99-CR-143-ALL
--------------------
January 24, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Clarence Atkinson appeals his jury conviction for one count
of being a felon in possession of a firearm in violation of 18
U.S.C. §§ 922(g)(1) and 924(a)(2).
Atkinson appeals the denial by the district court of his
motions to suppress the gun and a statement he made when he and a
passenger were stopped at a roadblock manned by the Jackson
Police Department (“JPD”) and the Bureau of Alcohol, Tobacco and
Firearms (“ATF”). He first argues that the roadblock was
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-60355
-2-
unconstitutional because it was established in order to detect
general criminal activity. While roadblock stops are seizures
within the meaning of the Fourth Amendment, checkpoints which
stop all oncoming vehicles with the purpose of checking for
traffic violations are permissible. See Indianapolis v. Edmond,
No. 99-1030,
2000 WL 1740936 at *5 (Nov. 28, 2000). Each officer
involved in Atkinson’s stop testified that the roadblock stopped
all vehicles and was established in order to check for traffic
violations. As Atkinson did not present any evidence to
contradict the officers’ testimony, the district court did not
clearly err in finding that the roadblock was established for a
permissible purpose. See United States v. Chavez-Villarreal,
3
F.3d 124, 126 (5th Cir. 1993).
Next, Atkinson argues that his detainment lasted beyond that
which is allowed by Terry v. Ohio,
392 U.S. 1 (1968). He
concedes that the stop was lawful under Terry when the gun, in
plain view on the front seat of the vehicle, was noticed by an
officer, the occupants and the gun were removed from the vehicle,
and the firearm was unloaded by authorities. Atkinson
challenges, however, his continued questioning by officers after
he claims officer safety was no longer an issue.
To determine whether the “reasonable suspicion” standard
articulated in Terry has been met, we must determine that (1) the
officer’s action was justified at its inception and (2) that it
was reasonably related in scope to the circumstances which
justified the interference in the first place. See
Terry, 392
U.S. at 19. The first prong of the Terry standard is satisfied
No. 00-60355
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in this case because, as outlined above, the checkpoint was
constitutional. The issue then becomes whether the stop exceeded
the scope allowed under the second part of the Terry standard.
Atkinson, relying on our decision in United States v.
Dortch,
199 F.3d 193 (5th Cir. 1999), contends that, since it is
not a crime to carry a gun in plain view in Mississippi, the
police had no justification to further question either him or the
passenger after the gun was removed and disarmed. Dortch is
distinguishable because there, we found that there was no reason
to suspect that he was transporting drugs.
See 199 F.3d at 199.
Here, with the gun in plain view, the officers sought to
ascertain the owner of the gun. During this questioning,
Atkinson and the passenger gave conflicting responses regarding
ownership of the firearm, thereby fueling officers’ suspicions.
See
Dortch, 199 F.3d at 199. Accordingly, Atkinson’s argument is
unpersuasive.
Atkinson also challenges the sufficiency of the evidence to
support his conviction. After reviewing the evidence for a
manifest miscarriage of justice, we find that there was
sufficient evidence to sustain Atkinson’s conviction. See United
States v. Inocencio,
40 F.3d 716, 724 (5th Cir. 1995). The
conviction is AFFIRMED.