United States v. Anthony Hollins
2012 U.S. App. LEXIS 14514
| 8th Cir. | 2012Background
- Hollins was a passenger in an SUV with no license plates; police stopped the vehicle at night and approached it.
- Officers could not initially see a license plate or an In Transit sticker; they believed the vehicle might violate Nebraska rules and needed verification.
- The driver could not provide a license; officers arrested the driver and turned the SUV over to Hollins, who did not have a valid license.
- Before impounding the vehicle, officers conducted an inventory search that yielded a .380 pistol; Hollins, a prior felon, was arrested.
- Hollins moved to suppress the firearm as the stop was invalid or unlawfully prolonged; the district court denied suppression and Hollins appealed, with the Eighth Circuit affirming the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an initially valid stop remained lawful after seeing the In Transit sticker. | Hollins contends the sticker negates reasonable suspicion and ends the stop. | Hollins argues the stop should have ended once the sticker appeared and the officer confirmed, or could confirm, its validity. | Stop remained valid; investigation ongoing was permissible. |
| Whether the initial stop violated the Fourth Amendment given no plates or verified sticker at first observation. | Hollins asserts lack of visible plates/sticker invalidates the stop. | Officers had reasonable suspicion based on general traffic-violation concerns and Nebraska vehicle requirements. | Initial stop supported by reasonable suspicion/probable cause. |
| Whether requesting driver’s license, registration, and insurance was a permissible part of a legitimate stop. | Hollins argues these requests were beyond the reach of a justified stop. | Such inquiries are consistently allowed to confirm vehicle registration and driver information. | Permissible follow-up inquiry during a valid stop. |
Key Cases Cited
- United States v. Sanchez, 572 F.3d 475 (8th Cir. 2009) (traffic stop constitutes seizure; must be supported by reasonable suspicion or probable cause)
- Brendlin v. California, 551 U.S. 249 (2007) (passengers are seized when the police stop a vehicle)
- Illinois v. Caballes, 543 U.S. 405 (2005) (prolonged stop beyond purpose is unlawful)
- United States v. Peralez, 526 F.3d 1115 (8th Cir. 2005) (constitutionally permissible stop can be prolonged for reasonable investigation)
- United States v. Clayborn, 339 F.3d 700 (8th Cir. 2003) (asking for license/registration reasonably related to confirming status)
- United States v. Allegree, 175 F.3d 648 (8th Cir. 1999) (reasonable investigation following a justifiable stop)
- United States v. Smart, 393 F.3d 767 (8th Cir. 2005) (initial observations may provide reasonable suspicion; mistakes may still justify stop)
- United States v. Sanders, 196 F.3d 910 (8th Cir. 1999) (assessing probable cause/suspicion without hindsight)