United States v. Gilmore
776 F.3d 765
10th Cir.2015Background
- On Jan 13, 2013, officers encountered Andre Gilmore at the National Western Stock Show in Denver, observed as intoxicated and disoriented, and conducted a pat-down after approaching him.
- During the pat-down, officers felt what appeared to be a handgun under Gilmore’s coat, seized a pistol, and took him into protective custody for detoxification.
- Gilmore was charged federally with one count of felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
- Gilmore moved to suppress the gun, contending the frisk lacked reasonable suspicion to be armed and dangerous and violated the Fourth Amendment.
- The district court denied suppression, holding the pat-down justified by probable cause to take Gilmore into protective custody; the court found he was endangered by intoxication.
- Gilmore appealed under 28 U.S.C. § 1291, and the Tenth Circuit affirmed, concluding probable cause existed to deem Gilmore a danger to himself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had probable cause Gilmore was a danger to himself | Gilmore contends intoxication alone cannot establish danger. | Gilmore argues the facts show danger based on intoxication and environment. | Yes; officers had probable cause Gilmore was a danger to himself. |
| Whether the pat-down was justified under community caretaking | No independent basis beyond danger presumed for frisk. | Community caretaking allowed protective actions given risk, prior to custody. | Court affirmed use of pat-down under community caretaking given danger mechanics. |
Key Cases Cited
- United States v. Garner, 416 F.3d 1208 (10th Cir. 2005) (community caretaking allows detention of intoxicated individuals)
- Anaya v. Crossroads Managed Care Sys., Inc., 195 F.3d 584 (10th Cir. 1999) (probable cause to believe intoxicated person is dangerous)
- Cortez v. McCauley, 478 F.3d 1108 (10th Cir. 2007) (probable cause based on totality of circumstances)
- Edwards v. Bray, 688 F.2d 91 (10th Cir. 1982) (intoxication can impair perception; reasonable basis for concern)
- Dandrea v. People, 736 P.2d 1211 (Colo. 1987) (environmental hazards may render intoxicated individuals at risk)
- Gladden v. Richbourg, 759 F.3d 960 (8th Cir. 2014) (weather dangers can be heightened for intoxicated individuals)