IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60208
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
DARRYL J. BONDS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
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October 1, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:
The Government appeals the district court’s grant of Darryl
J. Bonds’ motion to suppress the evidence obtained as a result of
the stop and search of his vehicle and person, as well as the
subsequent search of his business. The Government argues that
there was reasonable suspicion to stop Bonds’ vehicle. It cites
the fact that the stop occurred in a high-crime area, near a
building that appeared to be abandoned, and that citizen
complaints suggested that the property was being used for public
drinking and drug dealing.
Bonds argues that the motion to suppress was properly
granted because the Jackson Police Department officers did not
have reasonable suspicion to stop him. He contends that the
No. 01-60208
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citizen complaints were not sufficiently reliable and that the
officers did not confirm that he was engaged in any illegal
activity prior to stopping him.
The evidence presented at the hearing on the motion to
suppress established that citizens had made complaints about
people congregating in the area around a building known as the
“Ice House” and drinking or perhaps dealing in drugs. Although
the police officers believed that the Ice House was abandoned, it
actually housed a recording studio owned by Bonds. It was
located in a high crime area. Surveillance of the area on the
day in question showed that three or four African-American males
were on the property apparently having a cookout. A black car
was observed on the lot. Bonds was stopped by the police as he
was backing a black car out of the parking lot. At the time he
was stopped, the police did not observe any other people on the
premises.
We hold that the motion to suppress was properly granted.
Given the general nature of the citizen complaints and the lack
of evidence of criminal activity by Bonds, the Government did not
meet its burden to establish reasonable suspicion for an
investigatory stop. See Florida v. J.L., 529 U.S. 266, 274
(2000); Brown v. Texas, 443 U.S. 47, 48-49, 52-53 (1979).
AFFIRMED.