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Judges: Vehicle stop by cops reasonable

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The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.

In United States of America v. Arnold Brewer, No. 08-3257, a police officer responded to a fight in an apartment complex known for criminal activity. As Officer Tutino was near the complex, he heard popping sounds like gun shots, and then heard on the dispatch shots had been fired. As he entered the apartment complex on the only road in which one can enter or exit the complex, he passed a white SUV driven by Arnold Brewer. Tutino radioed for other officers to watch for the SUV. By the time bystanders had told the officer the shots came from the SUV, another officer had already stopped Brewer's car. Brewer admitted to having guns in the car, although there was no evidence the shots heard came from any of Brewer's guns.

Because the witness descriptions of the vehicle came in after Brewer was stopped, that report can't be used to justify the stop, wrote Judge Richard Posner. The 7th Circuit Court of Appeals judges had to determine whether the car was stopped based on reasonable suspicion or pure hunch. Based on the circumstances of this case, the federal appellate judges ruled the police had reasonable suspicion to stop Brewer's car.

This case is different than one in which the police randomly stopped drivers to check drivers' licenses and registration when there was not suspicion of the drivers breaking the law, as was forbade in Delaware v. Prouse, 440 U.S. 648 657 (1979), wrote Judge Posner.

The police in this case had a compelling reason to ask questions of the white SUV because it was the only car seen leaving the complex just after Tutino heard gunshots. Considering the dangerousness of the crime, the safety of the officers responding to the incident, the minimal intrusion on the occupants of the car, and the need to stop potentially fleeing suspects until more information could be obtained, the police acted reasonably, wrote Judge Posner.

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  1. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  2. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  3. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

  4. Duncan, It's called the RIGHT OF ASSOCIATION and in the old days people believed it did apply to contracts and employment. Then along came title vii.....that aside, I believe that I am free to work or not work for whomever I like regardless: I don't need a law to tell me I'm free. The day I really am compelled to ignore all the facts of social reality in my associations and I blithely go along with it, I'll be a slave of the state. That day is not today......... in the meantime this proposed bill would probably be violative of 18 usc sec 1981 that prohibits discrimination in contracts... a law violated regularly because who could ever really expect to enforce it along the millions of contracts made in the marketplace daily? Some of these so-called civil rights laws are unenforceable and unjust Utopian Social Engineering. Forcing people to love each other will never work.

  5. I am the father of a sweet little one-year-old named girl, who happens to have Down Syndrome. To anyone who reads this who may be considering the decision to terminate, please know that your child will absolutely light up your life as my daughter has the lives of everyone around her. There is no part of me that condones abortion of a child on the basis that he/she has or might have Down Syndrome. From an intellectual standpoint, however, I question the enforceability of this potential law. As it stands now, the bill reads in relevant part as follows: "A person may not intentionally perform or attempt to perform an abortion . . . if the person knows that the pregnant woman is seeking the abortion solely because the fetus has been diagnosed with Down syndrome or a potential diagnosis of Down syndrome." It includes similarly worded provisions abortion on "any other disability" or based on sex selection. It goes so far as to make the medical provider at least potentially liable for wrongful death. First, how does a medical provider "know" that "the pregnant woman is seeking the abortion SOLELY" because of anything? What if the woman says she just doesn't want the baby - not because of the diagnosis - she just doesn't want him/her? Further, how can the doctor be liable for wrongful death, when a Child Wrongful Death claim belongs to the parents? Is there any circumstance in which the mother's comparative fault will not exceed the doctor's alleged comparative fault, thereby barring the claim? If the State wants to discourage women from aborting their children because of a Down Syndrome diagnosis, I'm all for that. Purporting to ban it with an unenforceable law, however, is not the way to effectuate this policy.

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