925 F.3d 1150
9th Cir.2019Background
- On Jan. 11, 2016, a YWCA employee relayed an anonymous resident report via 911 that a "young, black man" with dreadlocks, a camouflage jacket, and red shoes "has a gun." The resident refused to speak to police and said she "does not like the police."
- Two Metro Transit deputies saw David Brown walking nearby matching the description; one deputy followed slowly, then activated patrol lights and drove the wrong way down a one-way to pursue him.
- Brown began running after seeing the patrol lights; deputies chased him for about a block, stopped him at gunpoint, handcuffed and frisked him, and recovered a firearm, drugs, and cash.
- Brown moved to suppress the evidence, arguing the stop lacked reasonable, articulable suspicion under Terry v. Ohio; the district court denied suppression.
- The Ninth Circuit reversed, holding the officers lacked reasonable suspicion because the tip was anonymous and described presumptively lawful conduct (carrying a firearm in Washington), and Brown’s flight—without prior command to stop or corroborating facts—did not supply the missing suspicion.
Issues
| Issue | Plaintiff's Argument (Brown) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to conduct a Terry stop | Tip + Brown’s flight sufficed to create reasonable suspicion to stop and frisk | Anonymous tip identifying a person with a gun plus flight justified stop | Reversed — no reasonable suspicion: tip unreliable and flight alone insufficient |
| Whether an anonymous 911 report that someone “has a gun” provided adequate indicia of criminality | The report, combined with flight, indicated illegal possession or alarming display of a firearm | The tip and the fact it came from a women’s shelter supported suspicion of dangerous conduct | Held tip was weak: source anonymous, no predictive detail, and carrying a gun in WA is presumptively lawful; thus tip carried little weight |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (established standard for investigatory stops requiring reasonable, articulable suspicion)
- Florida v. J.L., 529 U.S. 266 (2000) (an anonymous tip that a person is carrying a gun is insufficient for reasonable suspicion without indicia of reliability)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (flight can be a factor in reasonable suspicion analysis but is not dispositive)
- Alabama v. White, 496 U.S. 325 (1990) (predictive information can supply indicia of reliability for anonymous tips)
- Delaware v. Prouse, 440 U.S. 648 (1979) (officers may not stop motorists solely to check licensing without particularized suspicion)
- Florida v. Royer, 460 U.S. 491 (1983) (individuals are not obligated to respond to police inquiries and an approach does not automatically constitute a seizure)
- United States v. Williams, 846 F.3d 303 (9th Cir. 2016) (reasonable-suspicion analysis considers totality of circumstances and information reliability)
- United States v. Smith, 633 F.3d 889 (9th Cir. 2011) (distinguishing circumstances where commands to stop preceded flight and supported suspicion)
- Alberty v. United States, 162 U.S. 499 (1896) (recognizing innocent reasons for flight from police)
- Foster v. City of Indio, 908 F.3d 1204 (9th Cir. 2018) (context—state concealed-carry rules and permit prevalence—can affect whether a gun-tip implies illegality)