No. 17-30191.

925 F.3d 1150 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel Derek BROWN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 5, 2019.

Attorney(s) appearing for the Case

Jason B. Saunders (argued), Law Offices of Gordon & Saunders PLLC, Seattle, Washington, for Defendant-Appellant.

Charlene Koski (argued), Assistant United States Attorney; Annette L. Hayes , United States Attorney; United States Attorney's Office, Seattle, Washington; for Plaintiff-Appellee.

Concurrence by Judge Friedland.


Daniel Derek Brown, who is a black man, had the misfortune of deciding to avoid contact with the police. Following an anonymous tip that a black man was carrying a gun—which is not a criminal offense in Washington State—police spotted Brown, who was on foot, activated their lights, and pursued...

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