Owens v. United States

NEBEKER, Associate Judge:

Appellant was apprehended at gunpoint by a single police officer who, alone, had gone on the roof of the store emitting a burglar alarm. It was about 2 a. m. The officer had seen a shadow there and had gone up to investigate with his gun drawn. When he saw appellant, he ordered him to “hold it right there.” Appellant got in a prone position. Within “one or two seconds” of the apprehension, and as he was being handcuffed, appellant responded to a question as to what he was doing on the roof, saying, “Just getting tires, man.” (The store was a retail tire outlet.) We…