In a prosecution of defendant for being a felon in possession of a firearm, denial of defendant's motion to suppress evidence of the firearm is affirmed as officers' actions did not violate the Fourth Amendment where: 1) officers' initial contact with defendant, as they entered the building in an attempt to respond to an emergency 911 call, did not result in a seizure in violation of the Fourth Amendment; and 2) when an officer told defendant to stop, there was a proper basis for an investigatory Terry stop and the degree of intrusion at issue was reasonably related in scope to the situation at hand.
Argued: January 21, 2010
Decided and Filed: February 10, 2010
Opinion by Circuit Judge McKeague
For Appellee: Karl P. Kadon, III, Assistant US Attorney