United States v. Lewis
56 V.I. 871
| 3rd Cir. | 2012Background
- Tip from a reliable source that a white Toyota Camry (license plate ending 181) carried firearms near Gottlieb gas station; Wharton initiated traffic stop of Lewis's vehicle based on that tip; Mendez arrived, observed heavy tint on the vehicle; Grant was in front passenger seat and discovered a firearm on Grant after a struggle; Lewis was driver and was arrested; Celestine later inspected the vehicle’s tints and cited illegal tint after the stop.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable suspicion based on illegal tints? | Lewis: tints cannot justify stop; no preexisting observed violation | U.S.: tints observed post-stop could justify stop | No; tints cannot justify stop as pretextual justification; stop lacks reasonable suspicion. |
| Was the stop supported by reasonable suspicion based on the firearms tip? | Lewis: tip about firearms alone insufficient to establish suspicion | U.S.: tip plus other factors could justify stop | No; tip about mere firearm possession in VI not sufficient; totality insufficient. |
| Did the district court err by relying on tint violation as basis for stop? | Foregoing valid pretext analysis; tint not observed pre-stop | Tint violation could justify stop | Yes; tint was an impermissible post hoc justification. |
Key Cases Cited
- United States v. Ubiles, 224 F.3d 213 (3d Cir. 2000) (informant tip about firearm alone not enough for stop)
- United States v. Valentine, 232 F.3d 350 (3d Cir. 2000) (totality of circumstances can render stop reasonable)
- United States v. Gatlin, 613 F.3d 374 (3d Cir. 2010) (VI firearm licensing affects reasonable suspicion analysis)
- United States v. Delfin-Colina, 464 F.3d 392 (3d Cir. 2006) ( Terry stop applies to vehicle stops; totality of circumstances)
- United States v. Mosley, 454 F.3d 249 (3d Cir. 2006) (pretextual stop requires pre-stop traffic violation observed)
- Florida v. J.L., 529 U.S. 266 (2000) (reasonableness of suspicion measured by what officers knew before stop)
- United States v. Johnson, 592 F.3d 442 (3d Cir. 2010) (exclusion of evidentiary fruits when no reasonable suspicion)