United States v. Wilkinson
2011 U.S. App. LEXIS 904
| 10th Cir. | 2011Background
- Lawton police received a reliable informant tip that a black male would bring crack cocaine into Lawton from Texas in a small red pickup.
- The informant specified area and time; Palmer observed a red pickup with a plastic-covered paper license tag, allegedly violating tag regulations.
- Palmer requested a patrol unit stop the vehicle; Poff followed and stopped the truck after observing the tag from about a car-length behind.
- Defendant, the driver, reached for something by the center console; a canine unit arrived about two minutes after the stop and alerted on the truck.
- A search following the alert yielded 25 grams of crack cocaine; Defendant was convicted after a bench trial on stipulated facts; suppression motion denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was reasonable suspicion to stop the vehicle | Wilkinson; collective-knowledge supports stop via Palmer's observations. | Wilkinson; stop unsupported because Poff did not personally observe the tag violation. | Stop valid under collective-knowledge doctrine; Palmer's observation suffices. |
| Whether the collective-knowledge doctrine applies to misdemeanors | Palmer's information created reasonable suspicion for the stop; doctrine extends to misdemeanors. | Doctrine should be limited or not recognized for misdemeanors under Oklahoma law. | Doctrine applies to misdemeanors; stop permissible because Palmer had reasonable suspicion for equipment violation. |
| Whether the duration of the stop was reasonably related to the initial justification | Continuation was justified to verify tag and investigate potential crime; dog sniff permissible during stop. | Police could have completed tag check immediately and not detained Defendant longer. | Duration reasonably related; continuing the stop to confirm tag and potential violation was proper. |
Key Cases Cited
- United States v. Rodriguez-Rodriguez, 550 F.3d 1223 (10th Cir. 2008) (collective-knowledge doctrine applies to searches/stops based on another officer's information)
- Virginia v. Moore, 553 U.S. 164 (U.S. 2008) (state-law arrest policy does not render Fourth Amendment analysis unconstitutional)
- United States v. Hensley, 469 U.S. 221 (1985) (collective-knowledge/teletyped flyer doctrine supporting stops based on information from other officers)
- Atwater v. Lago Vista, 532 U.S. 318 (U.S. 2001) (bright-line rule permitting arrest for minor offenses to ensure administrable standards)
- United States v. Eckhart, 569 F.3d 1263 (10th Cir. 2009) (license-plate violation confirmed post-stop can support continued detention)
- United States v. Edgerton, 438 F.3d 1043 (10th Cir. 2006) (stop extended only as long as necessary to determine tag validity)
- United States v. McSwain, 29 F.3d 558 (10th Cir. 1994) (similar consideration of duration relative to stop purpose)
- United States v. Winder, 557 F.3d 1129 (10th Cir. 2009) (court endorses objective reasonableness of police actions; motives not controlling)
- United States v. DeJear, 552 F.3d 1196 (10th Cir. 2009) (de novo review of Fourth Amendment reasonableness; credibility left to district court)