United States v. Cotter, No. 12-2264 (8th Cir. 2012)
Annotate this CaseDefendant was convicted of one count of being a felon in possession of a firearm based on evidence police officers obtained following a pat-down search outside a home. On appeal, defendant argued that the district court erred in denying his motion to suppress the evidence and statements obtained as a result of the search because the officers did not have a reasonable articulable suspicion that criminal activity was afoot or that defendant was armed and dangerous. From the totality of the circumstances, the court concluded that the officer had reasonable suspicion to suspect the vehicle at issue was stolen. Because the officer already had a reasonable suspicion that defendant might have stolen the vehicle, the officer also was justified in suspecting that defendant might possess weapons. Because the Terry stop was proper, the district court did not err in refusing to suppress defendant's subsequent Mirandized confession, as it was not the fruit of a poisonous tree. Accordingly, the court affirmed the judgment.
Court Description: Criminal Case - suppression. Considering the totality of the circumstances, officers had a reasonable articulable grounds to suspect that criminal activity was afoot after officer observed defendant, who was unknown to the residents, working on a car with plates registered to a different car that was outside a home with history of illegal drug activity. After officer had reasonable suspicion that car might have been stolen, conducting Terry stop was proper and district court did not err in denying motion to suppress. [ December 11, 2012
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