United States v. Smith

OPINION

McKEAGUE, Circuit Judge.

Defendanb-Appellant Reginald Smith unsuccessfully sought to suppress evidence of a handgun taken from him by Cincinnati police officers as he was leaving an apartment building in Over-the-Rhine, Cincinnati at approximately 3:00 a.m. on November 21, 2006. The officers encountered Smith in the entrance hallway of the apartment building while responding to a 911 emergency call. The record reflects that Smith was not seized until Officer Putnick told him to stop and, at that point, the officers had a reasonable, articulable suspicion that he had been engaged in…