543 F. App'x 557
6th Cir.2013Background
- Deputy Delaney stopped Tillman for not wearing a seatbelt after observing him in a Honda registered to a woman with prior drug arrests.
- During the stop Tillman twice reached quickly toward the passenger side, kept his hands out of view despite repeated orders to keep them on the wheel, and appeared nervous and sweaty.
- Delaney, alone at the scene, ordered Tillman out of the car, frisked him, and found oxycodone, xanax, brass knuckles, cash, and a phone with texts suggesting the car was "hot."
- A warrant search of the car revealed ~57 grams of cocaine, a loaded .45 handgun, and additional cash. Tillman was arrested and charged with drug and weapons offenses.
- Tillman moved to suppress evidence from the frisk as an unconstitutional Terry search; the district court denied the motion. He pleaded guilty reserving the right to appeal the suppression ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pat-down was justified by reasonable suspicion that Tillman was armed and dangerous | Tillman: Once lawfully stopped for a seatbelt violation, the officer lacked reasonable suspicion to frisk; furtive movements and nervousness insufficient | Government/Delaney: Combined facts — reaching toward passenger side twice, refusing to keep hands visible, sweating, shaky voice, and driving a known drug-dealer's car — gave reasonable, articulable suspicion | The frisk was reasonable; court affirmed denial of suppression |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (establishing stop-and-frisk standard)
- Arizona v. Johnson, 555 U.S. 323 (officer may frisk if reasonably suspects person is armed and dangerous during a lawful stop)
- Whren v. United States, 517 U.S. 806 (pretextual stops permissible when probable cause for traffic violation exists)
- Adams v. Williams, 407 U.S. 143 (failure to follow officer's commands can justify officer safety measures)
- Illinois v. Wardlow, 528 U.S. 119 (nervous, evasive behavior is a relevant factor for reasonable suspicion)
- United States v. Graham, 483 F.3d 431 (furtive movements can support reasonable suspicion)
- United States v. Campbell, 549 F.3d 364 (slouching and hands out of view can justify a pat-down)
- United States v. Bohannon, 225 F.3d 615 (ignoring officer's request to keep hands visible supported frisk)