United States v. Johnson

On April 14, 2007, Newport, Tennessee police officers Scott Lamb and Rick Parton responded to a 4:00 a.m. 911 call asserting that "some people" connected with a blue Cadillac were "walking around" outside the callers apartment. Reaching the area within minutes, the officers observed a blue Cadillac parked across the street from the front of the callers home. They then saw a man who turned out to be the defendant, Maurice T. Johnson, carrying a bag and walking at a normal pace from a grassy area next to the callers residence (that is, from the direction opposite the Cadillac) toward a white car on the street that ran alongside the residence. The officers ordered Johnson, who was walking with his back toward them, to stop, but he did not respond. Instead, Johnson proceeded at the same pace to the white car, walked around the front of the car and opened the passenger-side door, threw his bag inside, and stood outside the car with one hand on the door frame and the other atop the open door. Johnson stood still but did not respond to subsequent commands to raise his hands. Lamb and Parton then drew their weapons, and Johnson raised his hands. The officers patted Johnson down, found a loaded gun, and arrested him. Upon further searching his person, they found 3.8 grams of crack cocaine, a glass pipe, and various prescription pills. The government later indicted Johnson on gun and drug charges.