November 20, 2015
from United States District Court for the District of
Minnesota - St. Paul.
United States of America, Plaintiff - Appellee: Craig Raymond
Baune, Assistant U.S. Attorney, Jeffrey S. Paulsen, Assistant
U.S. Attorney, U.S. ATTORNEY'S OFFICE, District of
Minnesota, Minneapolis, MN.
Abdihakim Diriye, Defendant - Appellant, Pro se, White Deer,
Fahad Abdihakim Diriye, Defendant - Appellant: Frederick J.
Goetz, GOETZ & ECKLAND, Minneapolis, MN.
SMITH, BYE, and BENTON, Circuit Judges.
Abdihakim Diriye pled guilty in district court to being a
felon in possession of a firearm in violation of 18 U.S.C.
§ § 922(g)(1) and 924(a)(2). As a condition of his
guilty plea, Diriye reserved the right to argue on appeal
that law enforcement violated his Fourth Amendment rights by
performing a Terry stop without reasonable suspicion. We find
law enforcement had reasonable suspicion to perform a Terry
stop. We affirm.
evening of June 25, 2014, Minneapolis Police officers,
including Officer Scott Aikins, responded to a report of a
suspicious vehicle in the parking lot at Thomas Beach near
Lake Calhoun. The suspicious vehicle matched the description
and license plate of a vehicle connected to an armed home
invasion and robbery that occurred in downtown Minneapolis
three days prior. There were no suspects in custody at the
time. The dispatch stated there were two people sleeping in
marked squad cars arrived at the scene and parked
approximately one to two car-lengths away from the car.
Officers removed a male and female from the vehicle,
handcuffed them, and placed them into a squad car. At least
seven law enforcement officers, including Officer Aikins,
were standing nearby awaiting the arrival of a sergeant for
instructions to search the suspect vehicle. Approximately
fifteen minutes passed after officers arrived on scene when
Diriye approached the suspect vehicle, opened the
driver's door, and began to sit in the driver's seat.
At this point, the suspect vehicle had not been searched or
secured. Officer Aikins and another officer immediately
approached the vehicle, ordered Diriye out of the vehicle,
and handcuffed him.
Diriye and Officer Aikins were standing next to the vehicle,
Diriye appeared to be continuously turning his body to keep
his right side away from Officer Aikins. Officer Aikins
became suspicious Diriye may have had a gun and patted him
down. Officer Aikins immediately felt and removed a loaded
handgun from Diriye's right pants pocket. Diriye was then
taken into custody. While in custody, Diriye made
incriminating statements to law enforcement about possessing
was later charged in the District of Minnesota in an
indictment with one count of felon in possession of a firearm
in violation of 18 U.S.C. § § 922(g)(1) and
924(a)(2). Diriye filed a motion to suppress the firearm and
a motion to suppress his post-arrest statements. Following an
evidentiary hearing, the district court denied both motions
the district court's denial of his suppression motions,
Diriye entered into a conditional plea of guilty. Diriye
reserved the right to appeal the district court's denial
of his motions to suppress. On June 15, 2015, Diriye was
sentenced to a term ...