Tazarius Cooper v. State of Mississippi
145 So. 3d 1164
| Miss. | 2014Background
- Police received an anonymous tip that “young men, young black men…are standing out on the sidewalks, corners, selling drugs” on the 500 block of Union Street in Greenville.
- Investigators Edney and Smith drove to the block in an unmarked truck, activated blue lights, exited, and Edney told Tazarius Cooper to “come here and let me talk to you.”
- Cooper ran into a nearby, dilapidated house; an officer chased him and saw Cooper discard a bag into a hole in the wall. The bag contained 21 blue pills that field-tested positive for ecstasy.
- Cooper was arrested, charged with possession with intent to distribute, moved to suppress the evidence as fruit of an illegal stop/search, and was convicted; the Court of Appeals upheld the denial of suppression.
- The Mississippi Supreme Court granted certiorari to review whether the anonymous tip and the officers’ conduct established reasonable suspicion for a Terry stop and whether Cooper could challenge the warrantless entry and seizure.
Issues
| Issue | Cooper's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the anonymous tip and surrounding facts gave officers reasonable suspicion to conduct a Terry investigatory stop of Cooper | Tip was vague (only race, sex, general location) and officers did no corroborating investigation, so no reasonable suspicion existed | The tip plus the block’s drug reputation and officer’s recognition of Cooper from prior calls corroborated the tip and justified an investigatory stop | The tip lacked sufficient indicia of reliability and officers conducted no corroboration; there was no reasonable suspicion to support a Terry stop |
| Whether Cooper was "seized" (triggering Fourth Amendment protection) before he fled and discarded the drugs | The command and blue lights amounted to a show of authority constituting a seizure before flight, so evidence discarded after the command should be suppressed | Even if the command was a show of authority, Cooper did not submit but fled; under Hodari D. a seizure requires submission, so the flight occurred before any seizure | Cooper was not seized when the officer ordered him to stop because he fled; under Hodari D. seizure occurs only upon submission or physical force, so the discarded drugs were not fruit of an illegal stop |
| Whether Cooper has standing to challenge the warrantless entry/search of the house where he discarded the drugs | The search violated the warrant requirement and produced the drugs used against him | Cooper was not an occupant or overnight guest and lacked a reasonable expectation of privacy in the house | Cooper lacked standing to challenge the home search because he did not reside there, had no control over the premises, and forced entry—so he cannot suppress the discarded evidence |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (police may conduct brief investigatory stops based on reasonable suspicion)
- Florida v. J.L., 529 U.S. 266 (anonymous tip lacking basis of knowledge and predictive detail does not justify stop)
- Alabama v. White, 496 U.S. 325 (anonymous tip that accurately predicts future behavior can, after corroboration, supply reasonable suspicion)
- California v. Hodari D., 499 U.S. 621 (a person is not "seized" by police show of authority unless the person submits; evidence abandoned before seizure is admissible)
- Illinois v. Wardlow, 528 U.S. 119 (unprovoked flight in a high-crime area is a relevant factor contributing to reasonable suspicion)
- McClellan v. State, 34 So. 3d 548 (Miss. 2010) (independent corroboration of an anonymous tip can justify an investigative stop)
- Hopson v. State, 625 So. 2d 395 (Miss. 1993) (defendant lacked reasonable expectation of privacy in another’s home where he did not live and had limited control)