United States v. Phillip Anthony Roberts
2015 U.S. App. LEXIS 9287
| 8th Cir. | 2015Background
- Phillip Roberts was indicted for felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
- Before trial, Roberts moved to suppress a handgun, marijuana found in a Tahoe, and his post-arrest statements.
- Witnesses described a shooting; a black Chrysler matched descriptions; Roberts was briefly detained after a post-shooting radio alert.
- An anonymous tip linked a 'Philco' to Roberts; lineup identification followed from a photo lineup, linking Roberts to the shooter.
- Roberts was arrested after officers observed the Tahoe, conducted an inventory search revealing the gun and marijuana, and Roberts made incriminating statements.
- DNA testing on the handgun showed a mixture with Roberts’s DNA consistent with a small probability of contributors; Roberts signed a Miranda waiver and spoke to a sergeant the next day.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop and seizure were lawful | Roberts argues the stop was unlawful and tainted later discoveries. | State argued reasonable suspicion based on near-simultaneous shooting description and nearby stop. | Stop supported by reasonable suspicion; no taint to later evidence. |
| Whether there was probable cause to arrest | No probable cause based on anonymous tip alone. | Probable cause arose from corroborating facts and eyewitness identification. | Probable cause existed; arrest proper. |
| Whether there was sufficient evidence of knowing possession | Evidence insufficient to prove Roberts possessed the gun knowingly. | DNA, statements, sole vehicle occupant, and proximity establish possession. | Sufficient evidence of knowing possession. |
| Whether the district court abused its discretion denying a fifth continuance | Court should have granted another continuance due to ongoing related petitions. | District court properly exercised discretion; delays already granted were ample. | No abuse; denial within discretion. |
Key Cases Cited
- United States v. Robinson, 670 F.3d 874 (8th Cir. 2012) (reasonable suspicion for investigative stops; totality of circumstances)
- United States v. Arvizu, 534 U.S. 266 (2002) (totality of circumstances in stop-and-frisk analysis)
- Adams v. Williams, 407 U.S. 143 (1972) (brief seizure allowed to determine identity and information)
- Wong Sun v. United States, 371 U.S. 471 (1963) (exclusionary rule for tainted fruits of unlawful seizure)
- United States v. Lanier, 636 F.3d 228 (6th Cir. 2011) (eyewitness identification and probable cause considerations)
- United States v. Garrett, 648 F.3d 618 (8th Cir. 2011) (constructive possession and nexus requirements)