United States v. Jeremiah Cotter
2012 U.S. App. LEXIS 25352
8th Cir.2012Background
- Officers responded to welfare check at 1217 South Willow Avenue in Independence, MO, due to prior drug and stolen-vehicle complaints.
- Cotter was observed outside the residence working on a Cadillac; he claimed to be repairing speakers for a friend named Matt.
- A license-plate check showed the Cadillac plates belonged to a Chevrolet, generating suspicion about vehicle ownership and legitimacy.
- Cotter appeared nervous and hesitant, reached inside the vehicle, and provided a conflicting name; officers obtained his date of birth and later his social security number.
- A protective frisk revealed what officers believed to be the butt of a handgun in Cotter’s waistband; the gun was seized and Cotter was arrested.
- Cotter was found to have two outstanding arrest warrants and a prior felony conviction; motion to suppress was denied except for an at-scene pre-Miranda statement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and search were reasonable | Cotter | Cotter | Affirmed; reasonable suspicion supported stop and frisk |
Key Cases Cited
- Illinois v. Wardlow, 528 U.S. 119 (U.S. 2000) (reasonable articulable suspicion for investigative stop)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (protective search when officer reasonably believes armed and dangerous)
- United States v. Mabery, 686 F.3d 591 (8th Cir. 2012) (totality of circumstances governs recognition of suspicion)
- United States v. Zamora-Lopez, 685 F.3d 787 (8th Cir. 2012) (standard for evaluating suppression rulings on factual record)
- United States v. Payne, 534 F.3d 948 (8th Cir. 2008) (standard for reasonable suspicion and Terry stops)
- United States v. Hanlon, 401 F.3d 926 (8th Cir. 2005) (inconsistencies with ownership coupled with nervousness supports suspicion)