United States v. Irvin Bumpers
2013 U.S. App. LEXIS 1075
| 4th Cir. | 2013Background
- Officer Tinsley observed two men standing by dumpsters near the side of a closed convenience store in a high-crime Newport News area.
- Store owner had posted no trespassing signs and asked police to enforce violations; Tinsley knew of this request.
- The men stood near the dumpsters for 5–10 seconds and then walked away quickly when the officer approached.
- Bumpers provided the alias Aaron Bumpers; initial name check showed an active warrant, leading to arrest.
- Bumpers confessed his true name after the second check; a search incident to arrest revealed a loaded .38 caliber revolver.
- District court denied suppression, holding the stop supported by reasonable suspicion of trespassing; conviction followed from bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by reasonable suspicion | Bumpers | Bumpers | No reasonable suspicion; stop invalid |
| Whether district court deference was proper in Terry-stop ruling | Bumpers | United States | De novo review required for legal ruling; limited deference to factual findings |
| Role of high-crime-area context in stop | Bumpers | United States | Contextual factors alone insufficient; must be individualized and specific |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (established reasonable suspicion standard for brief stops)
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (flight in high-crime area supports suspicion; presence alone not enough)
- Arvizu, 534 U.S. 266 (U.S. 2002) (totality of circumstances governs reasonable suspicion)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1996) (deferential view of district court findings but de novo review of ultimate legality)