United States v. Monterrio Woods
2014 U.S. App. LEXIS 5978
8th Cir.2014Background
- Officers responded to a report of a suspicious armed man at a Kansas City bus stop, describing a black male in a black hat, tan pants, and white shirt with a gun.
- Bailey approached a man leaving the bus stop, detained him, and frsisked; the man was later identified as a homeless intoxicated individual not connected to the gun report.
- 911 caller advised the officers they had stopped the wrong person and redirected them to two men at the bus stop, describing their clothing and hats but not which had the weapon.
- Two men sitting together at the bus stop, one wearing a black hat and the other a camouflage hat, were approached with weapons drawn; Dimartino frisked the black-hat man and found a loaded firearm.
- Jamieson frisked Woods (camouflage hat) and recovered a firearm from his waistband; both men were arrested and Woods was indicted for felon in possession of a firearm.
- Woods pleaded guilty but reserved appeal on the denial of the suppression motion; district court denied suppression, and Woods appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable suspicion for stop and frisk | Woods argues no reasonable suspicion to stop/frisk. | Government contends totality of circumstances supported suspicion. | Yes; totality supported reasonable suspicion. |
| Frisk of Woods justified by circumstances | Woods asserts lack of individualized suspicion for Woods's frisk. | Citing prior gun recovered from companion and caller reliability, frisk justified. | Frisk of Woods justified by totality and safety concerns. |
| Reliance on J.L. vs. alternative indicia of reliability | Arguments rely on insufficient reliability of anonymous tip. | Tip provided knowledge of concealed weapon and ongoing observation by caller, creating reliability. | Distinguishable from J.L.; moderate indicia of reliability supported suspicion. |
Key Cases Cited
- Terry v. Ohio, 422 U.S. 1 (U.S. Supreme Court 1968) (reasonableness of stop and frisk based on reasonable suspicion)
- United States v. Cotter, 701 F.3d 544 (8th Cir. 2012) (articulable facts required for frisk)
- United States v. Gannon, 531 F.3d 657 (8th Cir. 2008) (totality-of-circumstances framework for suspicion)
- United States v. Zamora-Lopez, 685 F.3d 787 (8th Cir. 2012) (standard of review for suppression rulings)
- Florida v. J.L., 529 U.S. 266 (U.S. Supreme Court 2000) (anonymous tips require moderate reliability)
- State v. Wright, 382 S.W.3d 902 (Mo. 2012) (definition of concealed weapon under Missouri law)
- United States v. Menard, 95 F.3d 9 (8th Cir. 1996) (companionship as a factor in totality-of-circumstances analysis)