United States v. Watson
900 F.3d 892
7th Cir.2018Background
- Anonymous 911 call from a 14-year-old reporting “boys” “playing with guns” by a gray/green Charger in a Gary, Indiana parking lot; caller said he borrowed the phone and would try to stay near it.
- Dispatcher relayed the report; Officer Boleware responded, identified a Charger with about four men, and blocked the car with his patrol vehicle.
- Officers ordered occupants out; when Watson (front-seat passenger) was ordered out he tossed a gun onto the backseat; a second gun was found in the vehicle.
- Watson (a felon) was charged under 18 U.S.C. § 922(g)(1) and moved to suppress the firearms, arguing the stop lacked reasonable suspicion.
- District court denied suppression relying on Navarette and the collective-knowledge doctrine; Watson pleaded guilty reserving the right to appeal the suppression denial.
Issues
| Issue | Watson's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the anonymous 911 tip furnished reasonable suspicion to effect a Terry stop | Tip insufficient: borrowed phone undermines traceability; reported lawful possession; not an emergency; lacked reliability | Navarette controls: tip was eyewitness, contemporaneous, made via 911 (traceable), and occurred in a high-crime area; collective-knowledge doctrine supports stop | Stop lacked reasonable suspicion; suppression denial vacated and case remanded |
Key Cases Cited
- Navarette v. California, 572 U.S. 393 (2014) (an anonymous 911 caller’s contemporaneous eyewitness report may, in some circumstances, supply reasonable suspicion)
- Florida v. J.L., 529 U.S. 266 (2000) (anonymous tip lacking indicia of reliability cannot justify a frisk or seizure based only on asserted gun possession)
- Terry v. Ohio, 392 U.S. 1 (1968) (police may stop and frisk based on reasonable suspicion of criminal activity)
- United States v. Williams, 731 F.3d 678 (7th Cir. 2013) (anonymous 911 report of a volatile, armed group can be sufficient for reasonable suspicion)
- White v. United States, 496 U.S. 325 (1990) (corroboration of an anonymous tip through police surveillance can supply reasonable suspicion)
- United States v. Paniagua-Garcia, 813 F.3d 1013 (7th Cir. 2016) (mere possibility of unlawful firearm use is insufficient; must be sufficiently probable)
- United States v. Miranda-Sotolongo, 827 F.3d 663 (7th Cir. 2016) (reasonable-suspicion inquiry requires considering whether observed conduct sufficiently suggests unlawful activity)