103 F.4th 1225
6th Cir.2024Background
- Cleveland police detectives, in an unmarked truck and wearing police vests, observed Dorian McMullen parked late at night in a high-crime, gang-affiliated neighborhood, with his car parked near a known gang member's car.
- Detectives saw McMullen sitting with his legs out the car door, acting in what they deemed an unusual manner and reaching toward his floorboard as they approached.
- Detectives engaged McMullen, frisked him, and he allegedly admitted to having a gun and drugs in the car, which the detectives then found upon searching the vehicle.
- McMullen was charged federally as a felon in possession of a firearm and moved to suppress the evidence, claiming a Fourth Amendment violation.
- The district court denied suppression, finding reasonable suspicion for the stop and search; McMullen appealed.
Issues
| Issue | Plaintiff's Argument (McMullen) | Defendant's Argument (U.S./Govt.) | Held (Majority) |
|---|---|---|---|
| Whether police had reasonable suspicion for Terry stop | Police lacked individualized suspicion; behavior was innocent and not reaction to police | Totality—high crime area, time, proximity to gang car, odd posture/reaching—created reasonable suspicion | Stop upheld |
| Whether vehicle search was constitutional | Search was invalid since gun was not accessible after he exited car | Protective search was justified under officer safety principles, based on reasonable suspicion | Search upheld |
| Consideration of neighborhood crime levels | High-crime designation alone is insufficient for reasonable suspicion | It is a relevant factor when coupled with other observed suspicious conduct | Properly considered |
| Effect of reaching movement without police recognition | Only suspicious if done in response to police presence; otherwise ambiguous | Some movements are suspicious regardless of recognition of officers | Movement contributed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (authorizes investigatory stops and limited searches based on reasonable suspicion)
- Michigan v. Long, 463 U.S. 1032 (allows protective vehicle searches during Terry stops if officers have reasonable suspicion of accessible weapons)
- Pennsylvania v. Mimms, 434 U.S. 106 (reasonableness is the touchstone for reviewing Terry stops and related searches)
- Alabama v. White, 496 U.S. 325 (clarifies the reasonable suspicion standard is less demanding than probable cause)
- Katz v. United States, 389 U.S. 347 (sets out warrant requirement and exceptions for Fourth Amendment searches)