United States v. Smith
2011 U.S. App. LEXIS 16138
| 8th Cir. | 2011Background
- Smith pled guilty to felon in possession of a firearm, reserving appeal of suppression rulings.
- Bank robbery occurred April 10, 2009 in St. Louis County; robber described as black male in red jacket and white cap.
- Surveillance tied a burgundy Buick and a white Cadillac to the robbery; Cadillac owner was Smith’s former girlfriend, who said Smith owned the car.
- Detective Vogel issued warrants/alerts for the white Cadillac and for Smith; officers watched for the Cadillac and then for Smith.
- On April 15, 2009, Taco Bell stop: officers stopped the Cadillac with weapons drawn; Smith fled, was chased, wrestled, and ultimately arrested.
- A search of Smith incident to arrest revealed a driver’s license in his name and cash; Cadillac search yielded $72,900 and a Glock 10mm; suppression motions were denied after magistrate and district court proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop of the Cadillac was a valid Terry stop. | Smith contests implied pretext. | Smith argues lack of reasonable suspicion. | Yes; under totality of circumstances, reasonable suspicion existed. |
| Whether Smith was under de facto arrest from initial contact. | Detention evolved into arrest without probable cause. | Detention remained investigatory; no arrest until after flight. | No; detention/arrest valid under Terry and subsequent events provided probable cause. |
| Whether abandonment justified search of the Cadillac. | Abandonment not proven; privacy interest remains. | Smith relinquished privacy when fleeing, leaving ignition running. | Yes; abandonment valid; search proper. |
Key Cases Cited
- United States v. Bell, 480 F.3d 860 (8th Cir. 2007) (reasonable suspicion supports investigatory stop of vehicle)
- United States v. Hughes, 517 F.3d 1013 (8th Cir. 2008) (brief stop to inquire during reasonable suspicion)
- United States v. Lopez-Mendoza, 601 F.3d 861 (8th Cir. 2010) (totality of circumstances governs reasonable suspicion)
- United States v. Jones, 269 F.3d 919 (8th Cir. 2001) (framework for reasonable suspicion and probable cause)
- United States v. Jacobsen, 391 F.3d 904 (8th Cir. 2004) (reliance on wanted/flyer to justify stop)