United States v. Decarlos George
732 F.3d 296
4th Cir.2013Background
- At 3:30 a.m. in a high-crime Wilmington area, Officer Roehrig stopped Weldon Moore’s car after observing an aggressive chase and a red-light violation.
- George, a passenger, was the right-rear occupant; he initially concealed his right hand near his thigh and avoided eye contact with the officer.
- Roehrig ordered all four occupants from the vehicle and, with backup, conducted protective frisks of the passengers.
- George dropped his wallet and cell phone as he was exiting; Roehrig restrained him, turned him around, and conducted a protective frisk during the stop.
- During the frisk, Roehrig felt an object in George’s right front pocket that he immediately recognized as a handgun, which led to George’s arrest and a federal charge for possession by a felon.
- George moved to suppress the handgun evidence, arguing the frisk violated the Fourth Amendment; the district court denied suppression and George pleaded guilty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to frisk George? | George argues no objective facts supported suspicion. | Roehrig’s observations created reasonable suspicion that George was armed and dangerous. | Yes; the frisk was supported by reasonable suspicion under the totality of circumstances. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (stop legitimate for observed traffic violations; police discretion during stops)
- Maryland v. Wilson, 519 U.S. 408 (U.S. 1997) (allowing officers to question and remove passengers during traffic stops)
- Arizona v. Johnson, 555 U.S. 323 (U.S. 2009) (reasonable suspicion required for frisks during traffic stops of passengers)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion standard for protective searches)
- United States v. Arvizu, 534 U.S. 266 (U.S. 2002) (totality of the circumstances test for reasonable suspicion)
- Wardlow, 528 U.S. 119 (U.S. 2000) (high-crime area and suspicious behavior as factors for reasonable suspicion)
- United States v. Branch, 537 F.3d 328 (4th Cir. 2008) (multiple factors may contribute to reasonable suspicion)
- Powell, 666 F.3d 180 (4th Cir. 2011) (distinguishes on facts from Powell scenario regarding frisk)