United States v. McGregor, 2025 WL 3012035 (10th Cir. 2025)
Officers Roch Gruszeczka and David Jaworowski saw Clover McGregor driving a white Nissan sedan at 50 mph in a 25-mph speed zone. When Officer Gruszeczka hit the lights and siren, he saw McGregor “leaning to the left and then leaning to the right. At one point, the driver leaned so far over, Gruszeczka couldn’t even see McGregor. Officer Jaworowski described McGregor’s movement as “a dramatic lean-over that was frantic and abrupt.”
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When Officer Gruszeczka approached the vehicle, he recognized McGregor both from his social media and from seeing him at two different Seanville gang funerals. As members of the Aurora (Colorado) Police Department’s Gang Intervention Unit, both officers were familiar with the Seanville gang. It was an “extremely violent criminal street gang involved in armed robberies, car jackings, high speed pursuits, and aggravated assaults involving weapons.” Based on his interviews with known gang members and his own observations, Officer Gruszeczka believed McGregor was a Seanville gang member. Officer Jaworowski recognized McGregor “because he had seen photographs of him in the intel database as a local gang member.”
McGregor told the officers he was on his way to a urinalysis test required by his parole conditions for a robbery conviction. When Officer Gruszeczka asked McGregor for his driver’s license, McGregor began “reaching all around in different areas” of the car. Officer Gruszeczka thought this was a strange response, because most people know exactly where their wallet is located.
Concerned about his safety, Officer Gruszeczka directed McGregor to get out of the car. Gruszeczka frisked McGregor for weapons, then asked him to sit on the curb. Officer Jaworowski searched the passenger seat and found a gun. McGregor was arrested and charged with possession of a firearm by a felon.
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