United States v. Whitley
2012 U.S. App. LEXIS 11134
| 10th Cir. | 2012Background
- Powley received a tip that Whitley, a felon, had a firearm in a company vehicle and a spent .38 shell casing was found; Powley conducted records check confirming felony status.
- Powley later received a second tip that Whitley was loading an antelope into his truck, which led him to infer firearm possession.
- Sergeant McOmie stopped Whitley near a one-lane construction area after observing an antelope carcass in the truck; stop was framed as a tagging check under state game regulations.
- During the stop, McOmie observed two rifles in plain view and relayed information to Powley, who then responded and conducted a vehicle search.
- A subsequent home search grew from a consented vehicle search, yielding more ammunition and firearms; Whitley’s father allegedly possessed a .38 firearm; Whitley pled guilty after the district court denied suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop required probable cause or reasonable suspicion | Whitley argues probable cause is required for the stop | Whitley contends no reasonable suspicion existed | Stop valid under reasonable suspicion standard |
| Whether the vertical collective knowledge doctrine supports the stop | Powley’s basis for stop relied on true tip; McOmie’s independent basis not needed | Stop could be justified by Powley’s reasonable suspicion alone transmitted to McOmie | Vertical collective knowledge justified the stop |
| Whether information about antelope hunting negates firearm suspicion | Possession of antelope during hunting does not prove firearm possession | Suspicion may still be reasonable despite innocent conduct possibilities | Reasonable suspicion valid despite innocent explanations |
Key Cases Cited
- Alabama v. White, 496 U.S. 325 (1990) (tip sufficient for reasonable suspicion; not necessarily probable cause)
- Arvizu, 534 U.S. 266 (2002) (reasonable suspicion based on totality of circumstances)
- Gates, 462 U.S. 213 (1983) (probable cause-based approach to informants and reliability)
- Hensley, 469 U.S. 221 (1985) (limits on reliance on information from other officers via collective knowledge)
- McHugh, 639 F.3d 1250 (2011) (investigative detention standard, Terry framework applied to stops)