United States v. Howard
883 F.3d 703
7th Cir.2018Background
- April 4, 2014: Verizon store in Hartford, WI, was robbed; robber (Londell King) entered via the rear door, brandished a pistol, took phones, and fled.
- Two eyewitnesses (employee Safranski and customer Retler) observed a tan Mercedes loitering in the store parking lot before the robbery, drive to the rear just before the robber entered, and speed away immediately after the robber fled.
- Witnesses provided the Mercedes license plate and a physical detail (tape on bumper); Sergeant Hayes concluded the Mercedes likely served as a decoy/lookout and relayed that to dispatch.
- Police stopped the Mercedes, arrested driver Naqur Bean and passenger Devon Howard, and later obtained statements implicating both; King was also arrested and confirmed Howard and Bean assisted.
- Howard moved to suppress evidence obtained after his arrest as the product of a warrantless arrest without probable cause; the district court denied suppression, and Howard appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether police had probable cause to make a warrantless arrest of Howard | Howard: arrest lacked probable cause because he didn’t match robber’s description and no indicia of robbery were found in the Mercedes | Government: totality of circumstances (parking-lot loitering, moving to rear before entry, rapid flight after robbery, eyewitness identification of plate) supported a reasonable inference that Mercedes occupants aided the robbery | Court affirmed: probable cause existed based on totality of circumstances and inferences officers could draw |
Key Cases Cited
- Ornelas v. United States, 517 U.S. 690 (probable cause review gives weight to law enforcement inferences)
- Williams v. Rodriguez, 509 F.3d 392 (probable cause judged from officer's perspective using reasonably trustworthy information)
- United States v. Schaafsma, 318 F.3d 718 (flight from scene and suspicious vehicle conduct can support probable cause)
- United States v. Richards, 719 F.3d 746 (sustained suspicious vehicle presence during criminal activity can support probable cause)
- United States v. Burrell, 963 F.2d 976 (association plus additional suspicious circumstances can establish probable cause)