Toddrey Bruce appealed his conviction for unlawful possession of a firearm by a convicted felon. Bruce was arrested when he was found in the possession of a firearm which was illegal under federal law for him to possess. In this appeal he claimed the trial court erred by not granting his motion to suppress the evidence of his gun possession because the seizure was a violation of the Fourth Amendment violation. Here are the facts leading to his seizure and arrest.
A 911 call came to the police at 3:00 a.m. by an anonymous person about a disturbance in the front yard of a “drug house” and that one of the men involved had a gun. He told the 911 operator that while he was speaking to the operator, they we were arguing and the person holding the gun he described as a black man standing next to a white car in front of the house. The tipster warned that the police should use caution because there might me shooting any minute. The dispatcher quickly related key parts of the call to the police and several officers who were nearby arrived on the scene with flashing police lights. The approaching officers saw two men in the white car at the address given by the tipster and for officer safety they drew their guns as they approached the car. The police approached Bruce while he was sitting in parked in front of a house. When the police approached the car, they told the men to exit the car, and Bruce tried to make a break for it. When one of the officers grabbed him, a semi-automatic pistol dropped from his waistband.