59 So. 3d 403
La.2011Background
- At ~1:45 a.m., Sergeant Brown observed Morgan in a dimly lit residential area on Groom Rd, and Morgan immediately fled when he saw the marked unit.
- Brown chased Morgan for several blocks and ordered him to stand in front of the patrol unit.
- Morgan appeared nervous, sweating, looking down, and repeatedly put hands in pockets during a brief encounter.
- Brown observed a hollowed blue ink pen in Morgan's pocket, which he recognized as a crack pipe, and seized it.
- A search incident to arrest yielded crack cocaine in Morgan's right rear pocket after a Miranda warning.
- The trial court denied the motion to suppress; the First Circuit reversed, but the Louisiana Supreme Court ultimately held the stop was supported by reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unprovoked flight in a low-crime area can support a stop | State: unprovoked flight plus late hour and dim lighting justify stop | Morgan: flight alone in low-crime area insufficient | Yes; stop justified by reasonable suspicion taking flight into account |
| Role of ancillary factors (time, lighting, area) in totality of circumstances | State: these factors, with flight, create reasonable suspicion | Morgan: factors insufficient without high-crime context | Factors collectively support reasonable suspicion when viewed with officer’s inferences |
| Deference to officer’s inferences and deductions in applying totality of circumstances | State: officer’s deductions from training support suspicion | Morgan: cannot rely solely on hunch; must articulate concrete factors | Court grants deference to officer’s inferences under Arvizu/Johson |
Key Cases Cited
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (unprovoked flight contributes to reasonable suspicion in totality of circumstances)
- State v. Alvarez, 31 So.3d 1022 (La. 2010) (flight more suspicious than ordinary; supports stop when combined with other factors)
- State v. Johnson, 815 So.2d 809 (La. 2002) (recognizes officer’s deductions from cumulative information deserve deference)
- State v. Belton, 441 So.2d 1195 (La. 1983) (totality-of-circumstances approach; allows limited factors to justify stop)
- State v. Benjamin, 722 So.2d 988 (La. 1998) (flight plus other factors can create reasonable suspicion)
- Sokolow v. United States, 490 U.S. 1 (U.S. 1989) (reasonable suspicion standard applies to investigatory stops)