Legal Opinion

United States v. Gaines

Court of Appeals for the Tenth Circuit

Decided March 12, 2019No. 17-3270PublishedCited by 29 opinions

1Opinion of the Court

BACHARACH, Circuit Judge.

This appeal stems from a search, which took place after the police spoke with the defendant, Mr. Desmond Gaines. After a brief exchange, Mr. Gaines fled but was soon captured. The police then found cocaine, marijuana, PCP, drug paraphernalia, over $640, and a handgun. Mr. Gaines unsuccessfully moved to suppress this evidence. He now appeals,1 and we focus on two issues:

1. The existence of a seizure . Two uniformed police officers approached Mr. Gaines with flashing roof lights and confronted him about a report that he was selling PCP. Did this confrontation entail a…

2Cases cited45 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. United States v. MendenhallSupreme Court of the United States · 1980
  4. Ornelas v. United StatesSupreme Court of the United States · 1996
  5. United States v. CortezSupreme Court of the United States · 1981

40 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Shaw v. SchulteCourt of Appeals for the Tenth Circuit · 2022
  2. Harris v. SharpCourt of Appeals for the Tenth Circuit · 2019
  3. State v. SandersSupreme Court of Kansas · 2019
  4. Luethje v. KyleCourt of Appeals for the Tenth Circuit · 2025
  5. United States v. SuggsCourt of Appeals for the Tenth Circuit · 2021

24 more not listed; retrieve them via the Exa API.

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