United States v. Carlton Hightower
2013 U.S. App. LEXIS 12141
| 8th Cir. | 2013Background
- Officers respond to anonymous emergency call at Boys’ Club; area known for crime; group near apartments appears hostile; Hightower and companion leave and enter car; Hightower slowly backs out as officers approach; odor of alcohol detected; he exits, cooperates but agitated; he is arrested for public intoxication; he refuses consent to search; inventory search of towed vehicle yields marijuana and a firearm; charged with felon in possession of a firearm; district court denies suppression; Hightower appeals the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to justify a Terry stop? | Hightower: factors insufficient alone to show suspicion | Government: totality of circumstances supported suspicion | Yes; totality supported reasonable suspicion |
Key Cases Cited
- Terry v. Ohio, No official reporter citation provided in text ((1968)) (establishes Terry stop standard)
- United States v. Bustos-Torres, 396 F.3d 935 (8th Cir. 2005) (reasonable suspicion required for investigatory stops)
- United States v. Dupree, 202 F.3d 1046 (8th Cir. 2000) (high-crime area, anonymous tip supported suppression analysis)
- United States v. Poitier, 818 F.2d 679 (8th Cir. 1987) (totality of circumstances governs suspicion analysis)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of the circumstances approach to suspicion)
- United States v. Willis, 967 F.2d 1220 (8th Cir. 1992) (seizure occurs when comply with stop orders, not when pursuit begins)
- United States v. Rodriguez-Arreola, 270 F.3d 611 (8th Cir. 2001) (traffic stop invokes Terry standards)