United States v. Conner
2012 U.S. App. LEXIS 23492
10th Cir.2012Background
- Conner pleaded guilty to felon in possession, preserving the right to appeal suppression denial; sentenced to 28 months and 3 years’ supervised release.
- At ~11:00 p.m. a 911 caller described a light-skinned black male in a fuzzy hat exiting a black SUV and placing a pistol in his waistband.
- Caller provided address and phone number; caller claimed events occurred after hearing someone yell “No, no.”
- Dispatch transmitted details of a black SUV in the alley between Larimer and Lawrence, with a black male, light skin, in a fuzzy hat, possibly armed.
- Officers located the SUV and Conner at the specified location; Snow blocked Conner’s path as Terry approached with gun drawn for a pat-down.
- A pistol was discovered in Conner’s waistband; suppression was denied by the district court, which relied on reliability and duration of stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reliability of the 911 tip | Conner argues anonymous tip lacks reliability under J.L. | State supports reliability via corroboration and detail in tip | Tip possessed reliability under totality of circumstances |
| Reasonable suspicion for the stop | Tip alone cannot establish suspicion without observed illicit activity | Totality of circumstances shows reasonable, articulable suspicion | There was reasonable suspicion supported by facts and corroboration |
Key Cases Cited
- Chavez v. United States, 660 F.3d 1215 (10th Cir. 2011) (factors for reliability of informant tip)
- Copening v. United States, 506 F.3d 1241 (10th Cir. 2007) (corroboration strengthens anonymous tip reliability)
- Hauk v. City of Pueblo, 412 F.3d 1179 (10th Cir. 2005) (first-hand knowledge strengthens credibility)
- Wardlow v. Illinois, 528 U.S. 119 (Supreme Court 2000) (high-crime area context in Terry stops)
- Sokolow v. United States, 490 U.S. 1 (Supreme Court 1989) (totality of circumstances for reasonable suspicion)
- Arvizu v. United States, 534 U.S. 266 (Supreme Court 2002) (totality of circumstances case guidance)
- Gates v. Illinois, 462 U.S. 213 (Supreme Court 1983) (reliability and weight of informant tips)
- United States v. McHugh, 639 F.3d 1250 (10th Cir. 2011) (factors in reasonable suspicion analysis)
- United States v. Valentine, 232 F.3d 350 (3d Cir. 2000) (comparison to anonymous tip reliability)
- United States v. Ubiles, 224 F.3d 213 (3d Cir. 2000) (anonymous tip reliability contrasted)