United States v. Hensley

469 U.S. 221, 105 S. Ct. 675, 83 L. Ed. 2d 604, 1985 U.S. LEXIS 34, 53 U.S.L.W. 4053
CourtSupreme Court of the United States
DecidedJanuary 8, 1985
Docket83-1330
StatusPublished
Cited by2,310 cases

This text of 469 U.S. 221 (United States v. Hensley) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Hensley, 469 U.S. 221, 105 S. Ct. 675, 83 L. Ed. 2d 604, 1985 U.S. LEXIS 34, 53 U.S.L.W. 4053 (1985).

Opinions

[223]*223Justice O’Connor

delivered the opinion of the Court.

We granted certiorari in this case, 467 U. S. 1203 (1984), to determine whether police officers may stop and briefly detain a person who is the subject of a “wanted flyer” while they attempt to find out whether an arrest warrant has been issued. We conclude that such stops are consistent with the Fourth Amendment under appropriate circumstances.

I

On December 4, 1981, two armed men robbed a tavern in the Cincinnati suburb of St. Bernard, Ohio. Six days later, a St. Bernard police officer, Kenneth Davis, interviewed an informant who passed along information that respondent Thomas Hensley had driven the getaway car during the armed robbery. Officer Davis obtained a written statement from the informant and immediately issued a “wanted flyer” to other police departments in the Cincinnati metropolitan area.

The flyer twice stated that Hensley was wanted for investigation of an aggravated robbery. It described both Hensley and the date and location of the alleged robbery, and asked other departments to pick up and hold Hensley for the St. Bernard police in the event he were located. The flyer also warned other departments to use caution and to consider Hensley armed and dangerous.

The St. Bernard Police Department’s “wanted flyer” was received by teletype in the headquarters of the Covington Police Department on December 10,' 1981. Covington is a Kentucky suburb of Cincinnati that is approximately five miles from St. Bernard. The flyer was read aloud at each change of shift in the Covington Police Department between December 10 and December 16, 1981. Some of the Coving-ton officers were acquainted with Hensley, and after December 10 they periodically looked for him at places in Covington he was known to frequent.

On December 16, 1981, Covington Officer Terence Eger saw a white Cadillac convertible stopped in the middle of a [224]*224Covington street. Officer Eger saw Hensley in the driver’s seat and asked him to move on. As Hensley drove away, Eger inquired by radio whether there was a warrant outstanding for Hensley’s arrest. Before the dispatcher could answer, two other Covington officers who were in separate cars on patrol interrupted to say that there might be an Ohio robbery warrant outstanding on Hensley. The officers, Daniel Cope and David Rassache, subsequently testified that they had heard or read the St. Bernard flyer on several occasions, that they recalled that the flyer sought a stop for investigation only, and that in their experience the issuance of such a flyer was usually followed by the issuance of an arrest warrant. While the dispatcher checked to see whether a warrant had been issued, Officer Cope drove to a Holman Street address where Hensley occasionally stayed, and Officer Rassache went to check a second location.

The dispatcher had difficulty in confirming whether a warrant had been issued. Unable to locate the flyer, she called the Cincinnati Police Department on the mistaken belief that the flyer had originated in Cincinnati. The Cincinnati Police Department transferred the call to its records department, which placed the dispatcher on hold. In the meantime, Officer Cope reported that he had sighted a white Cadillac approaching him on Holman Street. Cope turned on his flashing lights and Hensley pulled over to the curb. Before Cope left his patrol car, the dispatcher advised him that she had “Cincinnati hunting for the warrant,” App. 49, but that she had not yet confirmed it. Cope approached Hensley’s car with his service revolver drawn and pointed into the air. He had Hensley and a passenger seated next to him step out of the car.

Moments later, Officer Rassache arrived in his separate car. He recognized the passenger, Albert Green, a convicted felon. Rassache stepped up to the open passenger door of Hensley’s car and observed the butt of a revolver protruding from underneath the passenger’s seat. Green [225]*225was then arrested. A search of the car uncovered a second handgun wrapped in a jacket in the middle of the front seat and a third handgun in a bag in the back seat. After the discovery of these weapons, Hensley was also arrested.

After state handgun possession charges against Hensley were dismissed, Hensley was indicted by a federal grand jury in the Eastern District of Kentucky for being a convicted felon in possession of firearms in violation of 18 U. S. C. App. § 1202(a)(1). Hensley moved to suppress the handguns from evidence on the grounds that the Covington police had imper-missibly stopped him in violation of the Fourth Amendment and the principles announced in Terry v. Ohio, 392 U. S. 1 (1968). The District Judge held the stop to be proper and denied the motion. Respondent was convicted after a bench/ trial and sentenced to two years in federal prison.

The United States Court of Appeals for the Sixth Circuit reversed the conviction. 713 F. 2d 220 (1983). The panel noted that the Covington police could not justifiably conclude from the St. Bernard flyer that a warrant had been issued for Hensley’s arrest; nor could the Covington police stop the respondent while they attempted to find out whether a warrant had in fact been issued. Reviewing this Court’s decisions applying Terry, the Sixth Circuit concluded that investigative stops remain a narrow exception to the probable-cause requirement, and that this Court has manifested a “clear intention to restrict investigative stops to settings involving the investigation of ongoing crimes.” 713 F. 2d, at 225. Since Covington police encountered Hensley almost two weeks after the armed robbery in St. Bernard, they had no reason to believe they were investigating an ongoing crime. Because the Covington police were familiar only with the St. Bernard flyer, and not with the specific information which led the St. Bernard police to issue the flyer, the Court of Appeals held they lacked a reasonable suspicion sufficient-to justify an investigative stop. The Court of Appeals concluded that Hensley’s conviction rested on evidence obtained [226]*226through an illegal arrest, and therefore had to be reversed. We disagree, and now reverse.

II

The Fourth Amendment protects the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. In Terry, supra, and subsequent cases, this Court has held that, consistent with the Fourth Amendment, police may stop persons in the absence of probable cause under limited circumstances. See Dunaway v. New York, 442 U. S. 200, 207-211 (1979). In particular, the Court has noted that law enforcement agents may briefly stop a moving automobile to investigate a reasonable suspicion that its occupants are involved in criminal activity. See United States v. Brignoni-Ponce, 422 U. S. 873, 881 (1975) (within United States borders, Government interest in preventing illegal entry of aliens permits a Terry stop on reasonable suspicion that particular vehicle contains aliens).

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Bluebook (online)
469 U.S. 221, 105 S. Ct. 675, 83 L. Ed. 2d 604, 1985 U.S. LEXIS 34, 53 U.S.L.W. 4053, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-hensley-scotus-1985.