United States v. Robinson
2011 U.S. App. LEXIS 24843
8th Cir.2011Background
- Anonymous tip alleged three or four black males in a maroon Cadillac with firearms and property stolen from 2015 Franklin Street.
- Detectives located the Cadillac, observed traffic violations, and arranged for a patrol stop because unmarked cars cannot initiate stops.
- Detective Thomas testified to collective knowledge among officers; Roebuck participated in the stop as part of the team.
- Driver had a suspended license and no proof of insurance; the car was stopped and towed for impoundment preparations.
- Robinson kept his hands in his pockets; a pat-down was conducted; a handgun fell from his pants during the pat-down; district court found the pat-down justified and that consent was voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was supported by probable cause through collective knowledge | Robinson argues knowledge of the actual stop officer was insufficient | Robinson argues the collective knowledge doctrine was misapplied due to lack of communicated knowledge | No error; collective knowledge applied; Roebuck joined Thomas's team and stop valid |
| Whether the pat-down search was justified by reasonable suspicion | Robinson contends no safety concern justifying a pat-down | Totality of circumstances showed reasonable suspicion due to anonymous tip, license/insurance issue, and suspicious behavior | Pat-down upheld as objectively reasonable under totality of circumstances |
| Whether Robinson's consent to the pat-down was voluntary | Consent allegedly not voluntary | District court credited Robinson's statement indicating consent | Consent, if given, was voluntary; alternative finding of consensual pat-down not clearly erroneous |
Key Cases Cited
- United States v. Frasher, 632 F.3d 450 (8th Cir. 2011) (collective knowledge may base probable cause for traffic stop)
- United States v. Thompson, 533 F.3d 964 (8th Cir. 2008) (collective knowledge and communication among officers)
- United States v. Banks, 514 F.3d 769 (8th Cir. 2008) (plain view seizure; collective knowledge context)
- United States v. Winters, 491 F.3d 918 (8th Cir. 2007) (Terry stop principles in stop reasoning)
- United States v. Gillette, 245 F.3d 1032 (8th Cir. 2001) (collective knowledge doctrine; team versus independent actors)
- United States v. Davis, 202 F.3d 1060 (8th Cir. 2000) (protective pat-down search for weapons based on reasonable suspicion)
- United States v. Gilliam, 520 F.3d 844 (8th Cir. 2008) (totality of circumstances supporting pat-down)
- United States v. Cornelius, 391 F.3d 965 (8th Cir. 2004) (pat-down justified by reasonable suspicion)
- United States v. Green, 560 F.3d 853 (8th Cir. 2009) (credibility of consent finding on appeal)