Submitted: May 20, 2016
from United States District Court for the District of
Minnesota - St. Paul
RILEY, Chief Judge, COLLOTON and KELLY, Circuit Judges.
COLLOTON, Circuit Judge.
Bailey appeals from his conviction for possession of a
firearm as a previously convicted felon. Bailey contends that
the district court erred in denying a motion to suppress his
recorded post-arrest statements, and that the government
produced insufficient evidence to support a judgment of
conviction. We affirm.
March 25, 2014, Officer Daniel Irish of the Champlin Police
Department stopped a vehicle because Bailey, who was riding
in the front passenger seat, was not wearing a seatbelt.
After the vehicle stopped, Bailey got out and ran through a
nearby residential neighborhood, with Irish giving chase.
Bailey jumped over a fence into a yard owned by the Xiong
family, stumbling and falling to the ground as he landed.
testified that before jumping the Xiongs' fence, Bailey
was running with his left hand holding up the waistband of
his pants. Shortly after Bailey fell, Irish noticed that
Bailey was no longer holding onto his waistband. Bailey
jumped over another fence out of the Xiongs' yard and
crossed the street, where he was able to evade Irish's
called for back up, and a police canine unit eventually found
Bailey hiding behind a garage. Police arrested Bailey and
placed him in the back of Irish's squad car. The car was
equipped with an internal video-recording device that
recorded Bailey's actions and words.
Bailey was not carrying identification, Irish parked in front
of the Xiongs' house and asked for headquarters to send a
mobile fingerprinting unit. While he waited for the
fingerprinting unit to arrive, Irish asked Bailey his name,
why he ran away, whether he had a criminal history, and
whether there were any warrants for his arrest. Irish also
asked Bailey whether he knew about other crimes in the
neighborhood, suggesting that he might be able to "stay
out of jail" by cooperating. Irish did not read Bailey
his rights under Miranda v. Arizona, 384 U.S. 436,
Bailey and Irish sat in the squad car, Chia Koua Xiong ran up
to the vehicle and told Irish that his grandchildren had
found a gun in his yard. Irish followed Xiong into his home,
where Xiong showed him the gun. Irish asked Xiong to show him
where the gun was recovered, and Xiong took Irish into the
backyard and pointed toward the fence on the west side of the
yard. Irish recognized it as the fence that Bailey had
stumbled over earlier. Irish walked over to the fence and
discovered a cellular telephone near where the gun was
discovered. Irish collected the gun and the phone as evidence
and returned to his squad car.
Irish was investigating the Xiongs' discovery of a gun,
Bailey remained in Irish's squad car with the internal
video-recording device activated. Immediately after Irish
exited the squad car and followed Xiong to his home, the
camera captured Bailey saying, "Damn, they found that
gun. F***. Damn. F***. Oh, man. Damn." The recording
also shows that Bailey was exasperated and upset when Xiong
reported finding the gun. Bailey talked to himself in the
back of the squad car for approximately two minutes,
repeatedly swearing and complaining that Xiong was a
"bitch" and "nosy."
Irish returned to his squad car, the mobile fingerprinting
unit arrived, and Irish identified Bailey. Irish then
transported Bailey to the local detention center. As Irish
was turning Bailey over to detention staff, Bailey asked
about the cell phone in a manner that, according to Irish,
indicated that the phone was Bailey's.
jury charged Bailey with possession of a firearm as a
previously convicted felon, in violation of 18 U.S.C.
§§ 922(g)(1) and 924(a)(2). Bailey stipulated that
he was a convicted felon and that the firearm had traveled in
interstate commerce, so the only disputed issue for trial was
whether Bailey knowingly possessed the firearm. Bailey moved
to suppress the statements he made while in the squad car
after Irish left the vehicle, contending the statements were
made in response to custodial interrogation. The district
court found that Bailey's statements were not in response
to interrogation and denied the motion to suppress.
trial, Irish testified consistent with the facts described
above, and the government presented the recorded statements
that Bailey made while he sat alone in Irish's squad car.
Chia Xiong and his wife, Kia Xiong, testified about how their
grandchildren discovered the firearm in their yard. The ...