983 F.3d 361
8th Cir.2020Background
- Officers Tarwater and Whetro observed Holly seated in a red SUV in an area suspected for narcotics activity and witnessed what they believed was a hand‑to‑hand drug transaction.
- The officers followed Holly as he drove away and attempted to intercept him by turning north on Agnes to meet him near College Avenue and Swope Parkway.
- A berm between Agnes and College briefly obstructed the officers’ view; the officers testified they either saw or reasonably inferred Holly failed to stop at the stop sign at College and Swope based on the SUV’s speed and position.
- Officers conducted a traffic stop, recovered a firearm and suspected crack cocaine, and Holly was indicted under 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
- Holly moved to suppress, offering expert recreations claiming the berm made observation impossible; the district court credited the officers’ testimony over the experts and denied suppression.
- Holly entered a conditional plea and appealed; the Eighth Circuit affirmed the denial, concluding the stop was supported by probable cause or, at minimum, reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the traffic stop was supported by reasonable suspicion or probable cause for a stop-sign violation | Holly: experts’ recreation shows officers could not have observed the alleged failure to stop, so no reasonable suspicion/probable cause | Officers: they observed or reasonably inferred a failure to stop; even if an officer was mistaken, speed/position made the inference objectively reasonable | Court: district court’s credibility finding for officers not clearly erroneous; officers had probable cause or, at least, reasonable suspicion; stop was lawful |
Key Cases Cited
- United States v. Williams, 777 F.3d 1013 (8th Cir. 2015) (standard of review for suppression rulings)
- United States v. Washington, 455 F.3d 824 (8th Cir. 2006) (traffic stop is reasonable if supported by probable cause or articulable reasonable suspicion)
- United States v. Jones, 275 F.3d 673 (8th Cir. 2001) (any traffic violation provides probable cause to stop)
- United States v. Hollins, 685 F.3d 703 (8th Cir. 2012) (objectively reasonable mistakes of fact or law can justify a stop)
- Heien v. North Carolina, 574 U.S. 54 (2014) (Fourth Amendment tolerates reasonable mistakes by officers)
- United States v. Heath, 58 F.3d 1271 (8th Cir. 1995) (credibility determinations by trial courts are virtually unreviewable on appeal)
- Anderson v. City of Bessemer City, 470 U.S. 564 (1985) (framework for appellate review of trial-court factual findings and credibility)