As part of his guilty plea to being a felon in possession of a firearm, see 18 U.S.C. § 922(g)(1), Terrance Davis reserved the right to appeal from the denial of his motion to suppress the weapon. See Fed. R. Crim. P. 11(a)(2). Davis was the passenger in a car that had been stopped to investigate the possibility that the auto had been stolen. When asked to get out of the car, Davis refused; his eventual removal revealed two weapons. If the stop was proper, then the officers had every right to demand that Davis get out.
Maryland v. Wilson,
According to the stipulated facts, Officer Carpenter of the Springfield, Illinois, police had been assigned to investigate the theft of a gold Saturn by the owner’s 16-year-old son. When Carpenter saw a gold Saturn being driven in Springfield by a young man of the same race as the thief he became intrigued. Some 6,000 gold Saturns have been sold in Illinois in recent years, so even though Springfield has less than a hundredth of the state’s population there are bound to be gold Saturns on the streets, some of them driven by young black men. But Carpenter saw something extra, something that raised legitimate suspicions: this gold Saturn lacked a license plate. Changing license plates is a car thief s standard precaution. Although the car had a temporary sticker, of the kind the state issues while an application for a new license plate is pending, the sticker itself was unusual. Illinois issues self-adhesive stickers that are applied to the inside of the rear window. Yet this sticker was torn and held in place with masking tape. Perhaps it had been removed from the car for which it had been issued and transferred to the gold Saturn, an improper step to which a thief might resort in order to conceal the absence of good title (which is essential to obtain a legitimate sticker or license plate). Moreover, when Carpenter began to follow the Saturn, the driver and passengers behaved in a manner that the district court characterized as “furtive”: the driver changed lanes multiple times, and the passengers stared back at the patrol car. So Carpenter stopped the Saturn, which led to the discovery of the guns. Cf.
United States v. Tipton,
Suppose residents of Springfield owned about a hundred gold Saturns in May 1998, when this stop occurred. Any given gold Saturn driven by a young man thus was more likely than not to have been in the hands of its owner (or an authorized driver). Compare Michael O. Finkelstein & William B. Fairley,
A Bayesian Approach to Identification Evidence,
83 Harv. L.
*1055
Rev. 489 (1970), with Laurence H. Tribe,
Trial by Mathematics: Precision and Ritual in the Legal Process,
84 Harv. L. Rev. 1329 (1971). See also Symposium,
Probability and Inference in the Law of Evidence,
66 B.U. L. Rev. 377 (1986). Cf.
Branion v. Gramly,
Affirmed.
