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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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