63 F.4th 473
5th Cir.2023Background
- Around 12:30 a.m., a Midland resident reported a prowler on security-camera footage; MPD officers responded.
- Sgt. Welch encountered Clarence Roper hiding by a fence in a corner lot; Roper emerged with his hands raised and volunteered that two men in a black truck were chasing him.
- Welch detained Roper, conducted a patdown, and asked questions; Officer Goodnight then showed Welch a photo of the prowler from the camera footage.
- The photo depicted a substantially different, younger person in different clothing; Roper nevertheless admitted he had been "jumping fences" and said the pictured man was the one chasing him.
- While investigating the fence line where Roper had been hiding, Welch found a firearm on the ground, handcuffed Roper, read Miranda rights, and Roper was later convicted after a bench trial.
- Roper moved to suppress the gun; the district court denied suppression and the Fifth Circuit affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial encounter/stop was justified | Officers had reasonable suspicion from nighttime presence in area of a reported prowler and furtive hiding | Roper argued the encounter was an unlawful seizure lacking particularized suspicion | Court treated the encounter as a Terry stop and found the officers had reasonable suspicion given timing, location, and Roper's furtive behavior |
| Whether continued detention/search after officers saw the photo was reasonable | Even if photo did not match, Roper's furtive conduct, inconsistent/implausible statements, and admission of "jumping fences" gave reasonable suspicion to continue detention and investigate, leading to the gun discovery | Roper argued the photo showed he was not the prowler and that any continued detention/search lacked reasonable suspicion and was unconstitutional | Court held there remained specific, articulable facts supporting reasonable suspicion to extend the seizure; denial of suppression was affirmed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (authorizes brief investigatory stops when officer has reasonable and articulable suspicion)
- Arizona v. Arvizu, 534 U.S. 266 (totality-of-the-circumstances test for reasonable suspicion; courts may credit officers' inferences)
- Illinois v. Wardlow, 528 U.S. 119 (presence in a high-crime area and furtive behavior may contribute to reasonable suspicion)
- United States v. Cortez, 449 U.S. 411 (particularized and objective basis inquiry under totality of circumstances)
- United States v. Sokolow, 490 U.S. 1 (multiple seemingly innocent facts can collectively support reasonable suspicion)
- United States v. Monsivais, 848 F.3d 353 (5th Cir.) (articulable-facts requirement for reasonable suspicion)
- United States v. McKinney, 980 F.3d 485 (5th Cir. 2020) (standard of review for suppression rulings and government’s burden to show reasonable suspicion)
- United States v. Pack, 622 F.3d 383 (5th Cir. 2010) (officer may detain further if reasonable suspicion of additional criminal activity develops)