Background

• At 2:00 a.m. a security guard at the Observation Point apartment complex observed two men acting suspiciously and lurking around parked cars.
• McHugh and another man attempted to move toward a golden Impala; the guard perceived unusual conduct and concealed items, and called police after detaining them at gunpoint.
• The guard noted tools (screwdriver and hammer) in the car and pepper-sprayed the two men before police arrival, while detaining them at gunpoint.
• Tulsa police Officers Oakes and Brisbin arrived, with dispatch indicating the subjects were suspected to have a weapon in the car; the guard relayed further suspicious behavior and uncooperative commands.
• Officer Oakes ordered McHugh to exit the vehicle, handcuffed him after he admitted having a gun, and then conducted a pat-down, locating a revolver in McHugh's back pocket.
• McHugh was charged with possession of a firearm and ammunition by a felon under 18 U.S.C. §§ 922(g)(1) and 924(a)(2); he moved to suppress, which the district court denied.

Issues

Key Cases Cited

• Adams v. Williams, 407 U.S. 143 (1972) (reliance on information from a known informant acceptable)
• Mimms, 434 U.S. 106 (1977) (ordering occupant out for safety justified)
• Wardlow, 528 U.S. 119 (2000) (neighborhood characteristics relevant to suspicion)
• Sokolow, 490 U.S. 1 (1989) (reasonable suspicion may rely on evidence beyond a direct observation)
• DeJear, 552 F.3d 1196 (10th Cir. 2009) (totality-of-the-circumstances approach to reasonable suspicion)
• Brown v. Texas, 443 U.S. 47 (1979) (stop must be grounded in more than mere presence)
• Pennsylvania v. Mimms, 434 U.S. 106 (1977) (protective exit of driver for safety)
• Illinois v. Wardlow, 528 U.S. 119 (2000) (consideration of location's criminal activity in reasonableness)
• United States v. Winder, 557 F.3d 1129 (10th Cir. 2009) (objective standard for evaluating officer conduct)
• United States v. Brigham City, 547 U.S. 398 (2006) (emergency/public safety considerations permit certain intrusions)