United States v. Clarence Brooks, 982 F.3d 1177

Kansas City police using a license-plate reader identified and stopped a vehicle reported as stolen; two officers ordered the occupants to comply.
Defendant Clarence Brooks was a front-seat passenger who was ordered out, told to lie face down, and then subjected to a pat-down after officers approached him on the ground.
During the encounter an officer asked Brooks if he had a weapon; Brooks admitted he had a gun, which the officer located loaded; officers then arrested Brooks and, in a search incident to arrest, found methamphetamine.
The driver fled the scene in the stolen car; officers did not pursue under department policy.
Brooks moved to suppress the gun, drugs, and his statements, arguing the seizure/search was unlawful and the question about a weapon was a custodial interrogation requiring Miranda warnings; the district court denied suppression, finding at least reasonable suspicion for a frisk and that the question fit the public-safety exception to Miranda.
Brooks was convicted of being a felon in possession, simple possession of methamphetamine, and possessing a firearm in furtherance of a drug offense; the Eighth Circuit affirmed the denial of suppression and the convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Lawfulness of Terry frisk	Brooks: officers lacked reasonable suspicion to frisk him as a passenger	Officers: vehicle was stolen and driver noncompliant, creating reasonable suspicion of tampering and weapons risk	Frisk lawful under Terry; officers had at least reasonable suspicion
Whether question about weapon required Miranda warnings	Brooks: the question was a custodial interrogation requiring Miranda warnings	Government: question was prompted by officer safety and falls under the public-safety exception	Public-safety exception applied; Miranda warnings not required
Probable cause to arrest for tampering given mens rea requirement	Brooks: cannot arrest a passenger for tampering because mens rea (knowing the car was stolen) cannot be established on the street	Government: probable cause need only a reasonable belief; presence in a stolen car plus driver’s conduct and later discovery of a loaded gun support probable cause	Probable cause existed (and at minimum reasonable suspicion pre-frisk); discovery of the firearm reinforced probable cause
Suppression of gun, meth, and statements	Brooks: evidence and statements are fruits of an unlawful seizure and/or custodial interrogation without warnings	Government: stop, frisk, questioning, arrest, and search incident to arrest were lawful	Suppression was properly denied; convictions affirmed

Terry v. Ohio, 392 U.S. 1 (authorizes limited weapons frisk based on reasonable suspicion)
Miranda v. Arizona, 384 U.S. 436 (Miranda warnings required for custodial interrogation absent exception)
United States v. Williams, 181 F.3d 945 (Eighth Circuit recognizing public-safety exception to Miranda)
Maryland v. Pringle, 540 U.S. 366 (occupants of a vehicle may be jointly implicated in a common enterprise, supporting reasonable inferences of shared knowledge)
United States v. Winarske, 715 F.3d 1063 (probable cause standard does not require trial-level proof)
United States v. Magness, 69 F.3d 872 (defines probable cause as facts sufficient to warrant a prudent person’s belief)
United States v. Hanlon, 401 F.3d 926 (recognizes weapons risk when encountering suspected car thieves)
United States v. Nichols, 574 F.3d 633 (standard of review for denial of suppression motions)
United States v. Gill, 354 F.3d 963 (historical findings reviewed for clear error)