United States v. Denzil Roy Montague, Jr.
437 F. App'x 833
11th Cir.2011Background
- Montague was convicted of possession of a firearm and ammunition by a felon and sentenced to 235 months.
- Montague moved to suppress the firearm and ammunition seized during a Terry stop/search initiated after a reliable informant's tip.
- The informant reported to police that Montague had a firearm; the informant was deemed reliable and the tip was not disputed.
- Montague argued that Florida law permits carrying a concealed firearm with a permit, so officers lacked reasonable suspicion to stop him.
- The district court denied the suppression motion; Montague appealed challenging the stop as based on impermissible suspicion under Florida law and the search as unlawful.
- On appeal, the Eleventh Circuit affirmed the denial of suppression and the sentence as substantively reasonable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion for the Terry stop | Montague | Montague | Yes; reliable informant's tip supported suspicion to justify stop |
| Was the sentence substantively reasonable | Montague | Montague | Yes; within low end of guideline range and supported by district court findings |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes reasonable suspicion standard for stops and weapons searches)
- United States v. Jordan, 635 F.3d 1181 (11th Cir. 2011) (clarifies reasonable suspicion standard and search doctrine)
- United States v. Clay, 483 F.3d 739 (11th Cir. 2007) (permissible Terry frisk when object may be a weapon)
- Navarro v. State, 464 So.2d 137 (Fla. 3d DCA 1985) (examination of concealed weapon safety and probable cause considerations)
- Regalado v. State, 25 So.3d 600 (Fla. 4th DCA 2009) (possession of a concealed weapon with permit can affect suspicion; mere possession deemed not enough without more)
- Pardo v. State, 596 So.2d 665 (Fla. 1992) (district court decisions binding on Florida trial courts absent conflict)