United States v. Lewis, 674 F.3d 1298

February 6, 2009, in Seawinds restaurant parking lot in a high-crime Orange County area; four men stood between two cars, one with an open trunk, nearby computer equipment.
Initially, officers engaged the group in a consensual encounter, asking questions and introducing themselves.
Two of the four admitted to possessing firearms (McRae said he carried a weapon in his waistband; Evans said he had a handgun in a backpack in the open trunk); Lewis remained silent.
The officers drew weapons and ordered the four to sit on the ground after the admissions, transforming the encounter into an investigatory detention.
A handgun was later discovered on the ground near where Lewis had previously been seated, and Lewis was arrested; the gun was later found registered to McRae.
The district court suppressed the firearm evidence, concluding the detention violated the Fourth Amendment; the government appealed, and the Eleventh Circuit reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there reasonable suspicion to briefly detain McRae for a Terry stop based on his admission?	McRae’s admission gave objective grounds for suspicion.	Individualized suspicion was lacking for Lewis and the group.	Yes; McRae’s admission supported a brief Terry detention.
Was it reasonable to detain Lewis and the other associates after McRae and Evans admitted firearms?	Total circumstances justified a safety-based brief detention of all four.	Detention should be limited to those with suspicion; others could walk away.	Yes; brief detention of all four was reasonable under the totality of circumstances.
Did officer safety concerns and the presence of firearms justify extending the stop beyond McRae to the whole group?	Firearms posed an immediate danger; controlling the scene was warranted.	Safety concerns do not override the need for individualized reasonable suspicion.	Yes; safety concerns in this context supported a broader temporary detainment.

Maryland v. Wilson, 519 U.S. 408 (U.S. 1997) (allowing a passenger to be ordered out of a vehicle during a valid stop for safety)
Hudson v. Hall, 231 F.3d 1289 (11th Cir. 2000) (police may control movements of persons near a lawful stop for safety)
United States v. Clark, 337 F.3d 1282 (11th Cir. 2003) (brief detention of an associate to protect safety during investigation)
Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (establishes stop-and-investigate for armed and dangerous individuals with reasonable suspicion)
Wardlow, 528 U.S. 119 (U.S. 2000) (reasonable suspicion may justify stops despite possibility of innocent conduct)
Adams v. Williams, 407 U.S. 143 (U.S. 1972) (brief intrusion allowed to resolve ambiguity when armed and suspected)
Brendlin v. California, 551 U.S. 249 (U.S. 2007) (passenger standing during traffic stop; seizure extends to all occupants)