481 F. App'x 280
8th Cir.2012Background
- Kness, a Des Moines probation officer, sought a white male fugitive described as 6 feet tall and 150–160 pounds, believed to be in the neighborhood.
- Kness encountered Jerde walking with a woman who matched the fugitive’s companion description; Jerde gave a wary look toward the officer.
- Jerde could not produce ID; he volunteered that he had a marijuana pipe before any search.
- Jerde admitted carrying a gun after the officer began a pat-down for safety; Jerde was handcuffed.
- Jerde was charged with possession of a firearm by a user of a controlled substance; he moved to suppress the evidence, district court denied, and on appeal the denial was affirmed for reasonable suspicion to stop.
- The court applied the Terry framework to assess reasonable suspicion and ultimately concluded the stop was valid and that probable cause arose after the pipe was revealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to justify an investigatory stop? | Jerde argues no specific, articulable facts; description alone insufficient | Kness relied on description plus observed evasive behavior and matching appearance | Yes; reasonable suspicion supported the stop |
| Did probable cause arise to arrest after marijuana pipe disclosure and permit a search incident to arrest? | Jerde contends no probable cause until more evidence | Pipe disclosure and matching description provided probable cause to arrest for firearm possession | Yes; probable cause to arrest and conduct search incident to arrest |
Key Cases Cited
- United States v. Horton, 611 F.3d 936 (8th Cir. 2010) (reasonable-suspicion framework; officer experience and totality of circumstances)
- United States v. Gomez, 312 F.3d 920 (8th Cir. 2002) (review of reasonable suspicion standard)
- United States v. Flores-Sandoval, 474 F.3d 1142 (8th Cir. 2007) (weight of inferences drawn from facts)
- United States v. Stewart, 631 F.3d 453 (8th Cir. 2011) (collective factors may establish suspicion)
- United States v. Blackmon, 662 F.3d 981 (8th Cir. 2011) (articulable facts may establish Terry stop)
- United States v. Gannon, 531 F.3d 657 (8th Cir. 2008) (reasonableness of inferences from training/experience)
- United States v. Phillips, 679 F.3d 995 (8th Cir. 2012) (objective, reasonable belief supporting stop when mistaken identity)