United States v. Roberts, No. 14-2524 (8th Cir. 2015)
Annotate this CaseA masked man fired shots into a car, striking occupants. Witnesses saw a black Chrysler leave the area. Moments later, an officer saw a black Chrysler blocks from the crime scene, asked the driver, Phillip Roberts, to identify himself, took pictures of him, and allowed Roberts to leave. A week later, police received an anonymous tip concerning “Phillip,” called “Philco,” with a photograph of Phillip that matched a booking picture of Roberts. The gang unit indicated that Roberts was called Philco. A witness identified Roberts from a photo lineup. A notice to arrest Roberts issued. Officers recognized Roberts while driving and arrested him. Roberts was the sole occupant of the car, which was registered to Roberts. An inventory search uncovered marijuana and a handgun in the center console. Roberts, recorded by the police car’s system during the search, said, “[b]ack to the joint,” The gun had no fingerprints, but DNA from the gun was consistent with Roberts’s DNA. Roberts was charged as a felon in possession of a firearm. He unsuccessfully moved to suppress the handgun and marijuana and a statement he made after his arrest. Roberts was convicted and sentenced to 180 months’ imprisonment, 18 U.S.C. 924(e)(1). The Eighth Circuit affirmed, rejecting challenges to the two vehicle stops.
Court Description: Gruender, Author, with Shepherd and Kelly, Circuit Judges] Criminal case - Criminal law and sentencing. Police officer had reasonable suspicion justifying an investigatory stop and the stop did not taint later discovered evidence; officers had probable cause to arrest defendant based on their independent investigation; evidence was sufficient to support defendant's conviction for being a felon in possession of a firearm; no error in denying defendant's fifth request to continue sentencing.
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