United States v. Tinnie
2011 U.S. App. LEXIS 861
| 7th Cir. | 2011Background
- Traffic stop in a high-crime Rockford area for air fresheners obstructing the windshield; officers observed Tinnie fidgeting and behaved nervously as they approached.
- Passenger Tinnie gave inconsistent age and birth date information; he claimed not to have an ID; he avoided responding to certain questions.
- Officers ordered Tinnie to exit the vehicle and prepared to frisk him for officer safety; the frisk uncovered a gun and ammunition.
- After arrest, Tinnie was Mirandized and provided a handwritten statement acknowledging firearm possession; the gun and ammunition were later counted in the indictment.
- District court denied motions to suppress the frisk, gun, ammunition, and written statement; Tinnie entered a conditional guilty plea while preserving issues on appeal.
- On appeal, the court affirmed the denial of suppression, holding the frisk supported by reasonable suspicion given the totality of circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reasonable suspicion supported the frisk | Tinnie (prosecution) argues totality supports frisk | Tinnie argues no reasonable suspicion existed | Frisk affirmed; reasonable suspicion existed. |
| Whether the evidence and statement were admissible after the frisk | Prosecution argues attenuation/independence of the frisk | Tinnie argues fruits were tainted by unlawful frisk | Evidence admissible; frisk valid under Terry/Arizona v. Johnson framework. |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (1996) (pretextual stops allowed if violation observed; objective facts govern analysis)
- United States v. Mimms, 434 U.S. 106 (1977) (allowing exit from vehicle during stop)
- Maryland v. Wilson, 519 U.S. 408 (1997) (authority to order occupants out of vehicle during stop)
- Arizona v. Johnson, 129 S. Ct. 781 (2009) (stop-to-frisk must be supported by reasonable suspicion)