United States v. Dotson

102 F. App'x 508
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 25, 2004
DocketNo. 03-4352
StatusPublished
Cited by2 cases

This text of 102 F. App'x 508 (United States v. Dotson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Dotson, 102 F. App'x 508 (7th Cir. 2004).

Opinion

ORDER

Shortly after an Indianapolis police officer received a tip from a bystander that defendant Jonathan Dotson, one of the participants in a public domestic dispute, had a gun, another officer pulled over Dotson in his car and found a gun underneath the front seat. Dotson moved to suppress the gun, but the district court denied the motion, and Dotson was later convicted [509]*509after a jury trial of possession of a gun by a felon. On appeal Dotson challenges the denial of his motion to suppress, arguing that the officers did not have the reasonable suspicion necessary for a lawful investigatory stop. Because we conclude that the circumstances taken as a whole supplied the necessary reasonable suspicion for the stop, we affirm.

I

Our account of the facts is drawn from the police officers’ testimony at the suppression hearing. Dotson does not challenge the particulars of their story. He argues only that the district court misapprehended the legal significance of these facts. On an afternoon in February 2003, police sergeant Butler was patrolling a neighborhood in Indianapolis. As Butler approached an intersection, he observed a group huddled around some people engaged in an apparent altercation. One of the latter individuals turned out to be Jonathan Dotson. It appeared to Sergeant Butler that a woman was attempting to restrain Dotson from assaulting another woman. Butler testified that he considered Dotson’s involvement in the fight to be disorderly conduct.

Butler got out of his marked police car and approached the group, telling them to “knock it off.” As he did so, the group scattered and Dotson, in particular, walked away toward a parked car, entered it, and drove off. Sergeant Butler asked the only remaining bystander what had happened. The bystander reported that it was a domestic dispute and that the man who had just driven off “has a gun.” Another officer, Collins, arrived in a squad car, and Sergeant Butler yelled to him to stop the car leaving the scene because the driver had been involved in a fight and might be armed. Sergeant Butler testified that he did not get the bystander’s name because he immediately returned to his car to back up Officer Collins. Collins pursued Dotson’s car at a high rate of speed for approximately four blocks. Collins eventually pulled over Dotson’s car, patted down Dotson, and obtained identification from him. Dispatch reported that Dotson had a record of felony convictions and that the license plate on the car he was driving was registered to a different vehicle. Another officer who had arrived on the scene, Martin, handcuffed Dotson, read him the Miranda warnings, and retrieved a gun from under the driver’s seat after Dotson told him it was there.

After the grand jury indicted Dotson on one count of possession of a firearm by a felon, 18 U.S.C. § 922(g), Dotson moved to suppress the gun as the fruit of an unlawful stop and search. After a hearing, the district court denied the motion, concluding in an oral ruling that the stop and search were justified by reasonable suspicion or probable cause based on four pieces of information: Dotson’s disorderly conduct, Dotson’s sudden departure from the scene, the tip from a bystander about Dotson having a gun, and improper plates on Dotson’s car. Dotson was later found guilty by a jury and sentenced to 120 months’ imprisonment.

II

On appeal, Dotson presents only one challenge: that the district court erred in denying his motion to suppress because the only thing that supported the stop was the bystander’s “anonymous tip,” and under the Supreme Court’s decision in Florida v. J.L., 529 U.S. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000), this is insufficient as a matter of law for a finding of reasonable suspicion. Dotson does not independently challenge the lawfulness of what happened after that stop, namely the search of his car and his eventual arrest.

[510]*510Under Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), police officers are permitted under the Fourth Amendment to make an investigative stop of a vehicle and its occupants if the officers have reasonable suspicion that the occupants are involved in criminal activity. See, e.g., United States v. Wimbush, 337 F.3d 947, 949 (7th Cir.2003); United States v. Spotts, 275 F.3d 714, 718 (8th Cir.2002); United States v. Jones, 242 F.3d 215, 217 (4th Cir.2001). The reasonableness of a stop depends on the totality of the circumstances known to the officers at the time of the stop. Wimbush, 337 F.3d at 950. In reviewing a district court’s decision on a motion to suppress, this court assesses de novo the question whether the officers had reasonable suspicion justifying the investigatory stop. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996).

In Florida v. J.L., supra, the Supreme Court considered the question whether an anonymous telephone call, standing alone and without any other indicia of reliability, could suffice to establish the reasonable suspicion necessary to justify an investigatory stop. It concluded that such a tip was insufficient. But the outcome of J.L. is not controlling here, both because the Court itself was not addressing the reliability of a face-to-face tip, and because there are additional facts in Dotson’s case that contribute to the finding of reasonable suspicion.

First, the nature of the tip that Sergeant Butler received about Dotson differs crucially from the tip received in J.L.—namely, in how it was delivered. The Supreme Court recognized in J.L. that “there are situations in which an anonymous tip, suitably corroborated, exhibits ‘sufficient indicia of reliability to provide reasonable suspicion to make the investigatory stop.’” 529 U.S. at 270, 120 S.Ct. 1375 (citation omitted). In J.L. police received an anonymous telephone call that a man at a particular bus stop had a gun. Id. at 268, 120 S.Ct. 1375. In this case Sergeant Butler received a tip in person from an unidentified bystander that a man who had just been involved in an altercation had a gun. Although this court has never addressed specifically the reliability of a face-to-face tip from an unnamed person, other circuits have recognized that a tip delivered face-to-face, even from an unidentified person, is inherently more reliable than an anonymous tip delivered via telephone. See United States v. Heard, 367 F.3d 1275, 1278 (11th Cir.2004); United States v. Holmes, 360 F.3d 1339, 1343 (D.C.Cir. 2004); United States v. Thompson, 234 F.3d 725, 729 (D.C.Cir.2000); United States v. Valentine, 232 F.3d 350

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Related

Dotson v. United States
543 U.S. 1110 (Supreme Court, 2005)
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543 U.S. 1098 (Supreme Court, 2005)

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Bluebook (online)
102 F. App'x 508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-dotson-ca7-2004.