818 F.3d 767
8th Cir.2016Background
- On June 25, 2014 Minneapolis police responded to a report of a suspicious vehicle at a park; dispatch said the vehicle matched the description and plate of a car connected to an armed home invasion and robbery three days earlier and that two people had been sleeping inside.
- Officers removed and handcuffed a male and female from the car and waited on scene with the vehicle unsecured pending a sergeant's arrival.
- Approximately 15 minutes after arrival, Fahad Diriye approached, opened the driver’s door, and began to sit in the suspect vehicle.
- Officer Scott Aikins and another officer ordered Diriye out, handcuffed him, and during a frisk Aikins felt and removed a loaded handgun from Diriye’s right pocket. Diriye then made incriminating statements.
- Diriye was charged under 18 U.S.C. §§ 922(g)(1) and 924(a)(2), moved to suppress the gun and his statements, lost at an evidentiary hearing, entered a conditional guilty plea reserving Fourth Amendment review, and appealed after sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Officer Aikins had reasonable suspicion to stop Diriye under Terry | Diriye contends he was a non-suspect who merely opened the car door and began to sit; that conduct did not create reasonable suspicion for an investigative stop. | Officer Aikins argues Diriye knowingly entered an unsecured suspect vehicle linked to a recent armed robbery and bypassed an active crime scene, creating reasonable suspicion criminal activity was afoot. | The court held Aikins had reasonable suspicion; the Terry stop was justified and suppression was properly denied. |
Key Cases Cited
- United States v. Hurd, 785 F.3d 311 (8th Cir. 2015) (standard of review for suppression rulings)
- United States v. Clutter, 674 F.3d 980 (8th Cir. 2012) (deference to factual findings and inferences by law enforcement)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (Terry stop standard: specific and articulable facts supporting reasonable suspicion)
- United States v. Harris, 747 F.3d 1013 (8th Cir. 2014) (reasonable suspicion requires that criminal activity may be afoot)
- United States v. Davison, 808 F.3d 325 (8th Cir. 2015) (Terry analysis and totality of circumstances)
- United States v. Stigler, 574 F.3d 1008 (8th Cir. 2009) (assessing reasonable suspicion under totality of circumstances and officer experience)
- United States v. Cotter, 701 F.3d 544 (8th Cir. 2012) (lawful Terry stop means subsequent statements are not suppressed as fruit of the poisonous tree)