United States v. Blackmon
2011 U.S. App. LEXIS 23821
| 8th Cir. | 2011Background
- Police responded to a disturbance at an apartment complex where a protection order listed a person named Maurice Blackmon; witnesses described a black male in all black acting erratically, possibly under PCP influence.
- Officers located a man matching the description; after repeated commands to lie on the ground, the man remained unresponsive and appeared prepared to fight when reaching for his pockets.
- A taser was deployed three times with no effect; the man was tackled and handcuffed; More-brand cigarettes, a cough syrup bottle with brown liquid, and cash were found on or near him; officers believed PCP was involved.
- Investigators later connected the suspect to a bank robbery based on reviewing surveillance photos; a grand jury returned a one-count indictment for bank robbery.
- Blackmon sought to suppress evidence obtained during the arrest, arguing lack of reasonable suspicion and probable cause; he pled guilty reserving the right to appeal the suppression ruling; district court sentenced him to 63 months.
- On appeal, the Eighth Circuit affirmed both the denial of the suppression motion and the within-Guidelines sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion for the stop under Terry? | Blackmon | Blackmon | Reasonable suspicion existed |
| Was there probable cause to arrest Blackmon? | Blackmon | Blackmon | Probable cause supported arrest due to resisting arrest and suspicious conduct |
| Did the district court impermissibly lengthen the sentence to promote rehabilitation after Tapia? | Blackmon | Blackmon | No clear evidence of rehabilitation-lengthening; plain error found but not shown to affect outcome |
| Did the district court adequately consider the § 3553(a) factors? | Blackmon | Blackmon | Court properly considered factors; no reversible error required |
Key Cases Cited
- Tapia v. United States, 131 S. Ct. 2382 (2011) (cannot lengthen sentence to promote rehabilitation; may discuss treatment options)
- Hawk Wing, 433 F.3d 622 (8th Cir. 2006) (precedent on rehabilitation-based sentencing now overruled)
- Pirani, 406 F.3d 543 (8th Cir. 2005) (plain error standard applies to post-change-law context)
- Woods, 642 F.3d 640 (8th Cir. 2011) (presumption of reasonableness for within-Guidelines sentences)
- Dawdy, 46 F.3d 1427 (8th Cir. 1995) (defendant's response to invalid arrest can ground independent grounds for arrest)
- Gannon, 531 F.3d 657 (8th Cir. 2008) (reasonable suspicion requires particularized, objective facts)
- Segars, 31 F.3d 655 (8th Cir. 1994) (probable cause assessment in totality of circumstances)
- Robinson, 414 U.S. 218 (1973) (search incident to arrest allows admissibility of evidence)
- Sokolow, 490 U.S. 1 (1989) (reasonable suspicion involves articulable facts suggesting crime may be afoot)
- Brown, 627 F.3d 1068 (8th Cir. 2010) (courts not required to mechanically recite § 3553(a) factors)