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United States v. Trogdon

United States Court of Appeals, Eighth Circuit

June 18, 2015

United States of America, Plaintiff - Appellee
v.
Jeremy Thomas Trogdon, Defendant - Appellant

Submitted, April 17, 2015

Appeal from United States District Court for the Southern District of Iowa - Des Moines.

For United States of America, Plaintiff - Appellee: Maureen McGuire, Assistant U.S. Attorney, Mikaela Jo Shotwell, Special Assistant U.S. Attorney, Clifford D. Wendel, Assistant U.S. Attorney, U.S. Attorney's Office, Des Moines, IA.

For Jeremy Thomas Trogdon, Defendant - Appellant: Matthew Charles McDermott, Belin & Mccormick, Des Moines, IA.

Jeremy Thomas Trogdon, Defendant - Appellant, Pro se, Oxford, WI.

Before BYE and SMITH, Circuit Judges, and SCHILTZ,[1] District Judge.

OPINION

Page 908

SCHILTZ, District Judge.

After the district court denied his motion[2] to suppress, Jeremy Trogdon entered a conditional guilty plea to possession of a firearm as a felon. Trogdon appeals, arguing that the police lacked reasonable, articulable suspicion to stop and frisk him. We affirm.

I. BACKGROUND

In the early hours of August 8, 2013, Officers Natale Chiodo, Mike Fong, and Todd Wilshusen were patrolling in a

Page 909

marked squad car near the area around 22nd Street and University Avenue in Des Moines, Iowa. A week earlier, a shooting had occurred nearby, and in recent years the area had been the site of murders, other violent crimes, and narcotics and gang-related activity.

At about 1:00 a.m., the officers saw three men and two women loitering near a commercial building at 2121 University Avenue. The businesses in the building were closed. The owner of one of the businesses had previously filed a letter of trespass with the city. The letter informed the city that the owner had posted a no-trespassing sign on the property and requested police assistance. Specifically, the letter said:

This letter is to advise you that I have posted my property located at 2121 University, Des Moines, with a sign prohibiting trespassing. Accordingly, if anyone is found on such premises during or after business hours, who is not actively engaged in or associated with productive activities or duties related to this property as requested or required by myself, it is without my permission.
I hereby request the assistance of the Des Moines Police Department, in first advising and then, if necessary, arresting and charging those ...

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