Friday, April 19, 2013

U.S. v. McClendon (9th Cir. - April 19, 2013)

Judge Gould does his best Kozinski impression.  Which made me chuckle out loud:

"At around 2:20 a.m. on a spring night, two police officers responded to a 911 call placed by an elderly disabled homeowner who feared a possible invader. The homeowner reported that an unknown vehicle was parked in his driveway with its engine and lights off and that someone had knocked on his door. . . . [After finding numerous incriminating pieces of evidence on a companion, police officers spot Eddie McClendon walking down the street, and order him to stop and raise his hands.]  McClendon did not comply. He did not stop. He did not show his hands. He continued to walk away. When the officers got still closer to McClendon, McClendon took his hands and 'pushed them down towards his waistband and [again] turned away from [the officers],' making a flinging motion. The officers then closed the distance and forcibly arrested McClendon, tackling him and placing him in handcuffs. They found a loaded silver handgun, still warm to the touch, on the grass a few feet away. McClendon denied tossing the gun and said that the backpack was not his. At the time of McClendon’s arrest, he was wearing a black knit cap, which police found to be a rolled-up ski mask, one with eye holes and a mouth hole. But McClendon had no skis. And there was no snow."

It's a tiny little aside, and maybe not even all that clever.  But I still liked it.

This troubled week could definitely use a bit of humor.