United States v. Derek Preston
685 F.3d 685
8th Cir.2012Background
- Judkins stopped a nighttime, in-town traffic incident involving a Ford Explorer with two passengers and a woman who claimed ownership
- The Explorer was not properly licensed and lacked insurance proof, triggering heightened officer caution and a request for back-up
- Preston, a rear passenger, provided his ID; Judkins recognized him from prior gun- and violence-related incidents in the precinct
- Judkins learned Preston had a domestic-violence history and that the driver lacked a license and ownership status; Smith’s actions suggested potential distraction
- Officers escorted occupants from the vehicle and conducted a protective pat-down search; a loaded revolver and drugs were found on Preston
- Preston was charged with felon in possession; the district court suppressed the evidence as fruits of an unlawful stop lacking reasonable suspicion, and the government appealed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down search was permissible | Preston contends no reasonable suspicion existed | Government argues totality of circumstances supported suspicion | Pat-down was constitutionally permissible |
Key Cases Cited
- United States v. Davis, 457 F.3d 817 (8th Cir. 2006) (totality-of-circumstances testing for reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (U.S. 2002) (informational synthesis of factors for reasonable suspicion)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (permission for a protective pat-down if danger is reasonably suspected)
- United States v. Robinson, 664 F.3d 701 (8th Cir. 2011) (clear framework for protective searches during stops)
- United States v. Shranklen, 315 F.3d 959 (8th Cir. 2003) (minimally intrusive searches justified by traffic-stop danger)
- United States v. Roggeman, 279 F.3d 573 (8th Cir. 2002) (night-time stop considerations bearing on safety)
- United States v. Garcia, 441 F.3d 596 (8th Cir. 2006) (lack of ownership/driver-licensing supports suspicion)
- United States v. Stachowiak, 521 F.3d 852 (8th Cir. 2008) (reasonable-suspicion evaluation via totality of circumstances)
- United States v. Oliver, 550 F.3d 734 (8th Cir. 2008) (to avoid letting a suspect walk away may justify search)
- United States v. Koelling, 992 F.2d 817 (8th Cir. 1993) (staleness of information considered in reasonable-suspicion analysis)