United States v. Snow
2011 U.S. App. LEXIS 17688
7th Cir.2011Background
- A gun was found on Snow during a protective frisk after he was stopped in a truck for a Terry investigatory detainment tied to a burglary-suspect description.
- A 911 caller reported an attempted burglary at a residence with a suspect matching a black hoodie and multi-color truck; dispatcher relayed evolving details to officers.
- Snow was stopped two blocks from the residence; he complied with showing his license and surrendered his keys.
- Officer Andrews ordered Snow to exit the truck and proceed with a protective frisk for weapons; Snow resisted, leading to the discovery of the gun.
- Snow pled guilty to felon-in-possession after the district court denied suppression of the gun evidence; Snow challenged the stop and frisk as lacking reasonable grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to stop Snow for a Terry investigation | Snow contends the 911 tip and dispatcher’s description did not give reasonable suspicion. | The government argues the dispatch information plus burglary context gave reasonable suspicion under Barnett. | Yes; stop supported by reasonable suspicion. |
| Whether there were reasonable grounds to believe Snow was armed to justify a protective frisk | Snow argues there were no indicators of weapon ability or danger. | Burglary-type crime often involves weapons; totality of circumstances justified a frisk. | Yes; reasonable grounds to believe arming existed. |
| Whether reliance on the 911 call and dispatcher information was constitutionally valid for a stop (distinguishing from anonymous tips) | Snow emphasizes lack of independent verification and J.L. concerns. | 911 caller identified herself; information presumptively reliable under Drake and related cases. | Yes; information sufficiently reliable to justify the stop. |
| Whether the timing and nature of the stop undermined reasonableness given burglary context | Time/place and demeanor could negate suspicion. | Nature of burglary claim itself supports frisk regardless of time/place. | No; burglary context sustains reasonable suspicion and frisk. |
Key Cases Cited
- United States v. Barnett, 505 F.3d 637 (7th Cir. 2007) (burglary as a crime likely to involve a weapon justifies a frisk with reasonable suspicion)
- United States v. Drake, 456 F.3d 771 (7th Cir. 2006) (911 tip presumptively reliable when caller identified; may respond to emergency based on dispatch information)
- United States v. Hicks, 531 F.3d 555 (7th Cir. 2008) (considering information relayed by dispatch in evaluating reasonable suspicion)
- United States v. Lenoir, 318 F.3d 725 (7th Cir. 2003) (police observation near dispatch description time/place supports reasonable suspicion)
- United States v. Tinnie, 629 F.3d 749 (7th Cir. 2011) (frisk start point and timing affect analysis of when reasonable suspicion governs)