Divided U.S. court upholds gun seizure in 'parking while black' case

[Eugene]

Source: Reuters

#U.S. OCTOBER 27, 2017 / 4:11 PM / UPDATED 2 HOURS AGO

Divided U.S. court upholds gun seizure in 'parking while black' case

Jonathan Stempel
3 MIN READ

(Reuters) - A divided federal appeals court on Friday upheld the conviction of a man found with an illegal gun while sitting in a car parked too close to a Milwaukee crosswalk, prompting the dissenting judges to accuse the majority of letting police improperly stop people for “parking while black.”

By a 5-3 vote, the 7th U.S. Circuit Court of Appeals in Chicago said police acted properly by seizing occupants of a car idling at night outside a liquor store in a high-crime area within 15 feet of a crosswalk, which was illegal in Milwaukee, and then discovering the defendant Randy Johnson’s gun.

Circuit Judge Frank Easterbrook wrote for the majority that the Jan. 8, 2014 stop was constitutional under the Fourth Amendment if police had probable cause to believe there had been a parking violation.

He said this was true even though police had bathed the car in bright lights, suggesting that occupants were not free to drive away.

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Read more: http://www.reuters.com/article/us-wisconsin-guns/divided-u-s-court-upholds-gun-seizure-in-parking-while-black-case-idUSKBN1CW2UF