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United States v. Watson

United States District Court, N.D. Indiana, Hammond Division

September 2, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
DAVID WATSON, Defendant.

          OPINION AND ORDER

          RUDY LOZANO, Judge.

         This matter is before the Court on the Motion to Suppress Evidence, filed by Defendant, David Watson, on November 20, 2015. (DE #19). For the reasons set forth below, the motion is DENIED.

         BACKGROUND

         Defendant, David Watson (“Watson”), is charged with being a felon in possession of a firearm, in violation of 18 U.S.C. section 922(g). Watson has moved to suppress all evidence seized or derived from his seizure on July 5, 2015, claiming violations of his Fourth Amendment rights. In his motion, Watson claims that his seizure was based on an uncorroborated anonymous tip which, under the circumstances, was insufficient to justify the seizure.

         This Court held an evidentiary hearing on the matter on January 11, 2016, at which Officers Anthony Boleware (“Officer Boleware”) and Wayne Dodson (“Officer Dodson”), of the Gary Police Department, testified. At the conclusion of the hearing, the Court took the instant motion under advisement and ordered that the parties submit additional briefing to the Court.

         FINDINGS OF FACT

         In making the following findings of fact, the Court has considered the briefs of the parties, the evidence presented, and the credibility of the witnesses. Therefore, the Court finds as follows:

         On July 5, 2015, at 9:34 a.m., the following exchange took place over the Gary Police Department's 911 dispatch system:

911 Operator: Gary 911
Caller: Hello. I'm calling [inaudible] 1832 West 5th Avenue they's, uh, boys [inaudible] parking lot playing with guns and stuff.
911 Operator: 1832 West what?
Caller: 5th Avenue.
911 Operator: And there's boys in the parking lot playing with guns?
Caller: Yes and they, uh, but they standing there, it's a grey and greenish Charger, they standing there, everybody just out there playing with they guns [inaudible].
911 Operator:Gray and green charger?
Caller:Yes.
911 Operator:How old are you?
Caller:14
911 Operator:Is your parents there?
Caller:Um, No.
911 Operator:Do you live in the building?
Caller:No. I'm, I was at my friend's house but they wasn't here and I left.
911 Operator:You at your friend house, your friend parents there?
Caller:Um, no, I say, I was at their door, there wasn't nobody there, so I left, but-
911 Operator:Do you know how many it is?
Caller:Uh, it's about 4 or 5, I think 5 of em.
911 Operator:You think it's 5 of em?
Caller:Yes, but I know it's more than 4, [inaudible] 5.
911 Operator:Are they Black, White, Hispanic?
Caller:They Black.
911 Operator:In the alley?
Caller:Um, in the parking lot across [inaudible].
911 Operator:They where?
Caller:In the parking lot across the street from McDonalds.
911 Operator:In the parking lot across the street from ...

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