Greer v. United States

── Greer v. United States ── Court: District of Columbia Court of Appeals Date: May 14, 2026 Category: General Notice: This opinion is subject to formal revision before publication in the Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press. DISTRICT OF COLUMBIA COURT OF APPEALS No. 23-CF-0389 DAIQUON D. GREER, APPELLANT, V. UNITED STATES, APPELLEE. Appeal from the Superior Court of the District of Columbia (2022-CF2-003690) (Heidi M. Pasichow, Judge) (Argued May 8, 2024 Decided May 14, 2026) Sweta Patel for appellant. Michael C. Lee, Assistant United States Attorney, with whom Matthew M. Graves, United States Attorney at the time the brief was filed, and Chrisellen R. Kolb, Nicholas P. Coleman, Callie Hyde, and Erica Rudolf, Assistant United States Attorneys, were on the brief, for appellee. Before BECKWITH and MCLEESE, Associate Judges, and RUIZ, Senior Judge. BECKWITH, Associate Judge: Daiquon Greer was convicted of multiple firearm offenses at a stipulated trial after the trial judge denied his motion to suppress. Because the officers found Mr. Greer’s unregistered weapon after they  2 seized him in violation of the Fourth Amendment, we conclude that the trial court erred in denying his motion to suppress and we reverse his convictions. I. According to Officer Donald Green’s testimony at the suppression hearing, he and several other Metropolitan Police Department officers responded to an afternoon shooting on Georgia Avenue NW. While the officers were investigating the earlier crime, one of Officer Green’s colleagues (Afam Ishakwue) signaled to Officer Green that he thought that Mr. Greer, who was walking by the scene, had a gun hidden in his waistband. Based on this signal, Officer Green followed Mr. Greer and tried to engage him. Body-worn camera (BWC) footage introduced at the hearing shows Officer Green and Officer Ishakwue converge on Mr. Greer as Officer Green asks him, “[H]ow you doing man?” Although Mr. Greer responds “alright” and slows his pace, he continues walking away from the officers. At this point, Officer Green circles around Mr. Greer and stops in front of him while Officer Ishawkue can be seen standing to Mr. Greer’s right. Officer Green asks Mr. Greer if he “has anything on” him, and when Mr. Greer says “no, I’m good,” Officer Green asks if Mr. Greer “mind[s] lifting up [his] shirt.” Mr. Greer declines, Officer Green asks if he’s sure, and Mr. Greer responds “I’m positive,” while shifting his weight to his left foot. At this point, the officers tackle Mr. Greer to the ground, handcuff  3 him, and threaten to shoot him. By the time the officers find a gun in Mr. Greer’s waistband, there are at least four officers surrounding him. The trial court orally denied Mr. Greer’s motion to suppress. The court concluded that the seizure began at the point when the officers grabbed Mr. Greer and tackled him to the ground. The officers had reasonable articulable suspicion to justify the seizure at this point because Officer Green testified (credibly, in the trial court’s view) that “he saw clearly an outline of a firearm” at Mr. Greer’s waist, BWC footage showed Mr. Greer covering that area of his waistband while he faced the officers, and photographs introduced at the hearing showed a bulge where the officers ultimately found the gun. After the trial court denied Mr. Greer’s motion to suppress, Mr. Greer agreed to a stipulated trial and the court found him guilty of carrying a pistol without a license,