Whether the Eleventh Circuit's reasonable-suspicion determination can be reconciled with Terry-v-Ohio

QUESTION PRESENTED Pursuant to Terry v. Ohio, 392 U.S. 1, 22 (1968) and its progeny, law enforcement officers may conduct a brief, investigative stop when, under the totality of the circumstances, the officers have a particularized and objective basis for suspecting the particular person stopped of criminal activity. In the opinion below, the Eleventh Circuit determined that a Terry stop was justified because: (1) the officer was responding to a “prowler” call in a high crime area; (2) the defendant was wearing all black clothing at 1:30 AM on a weeknight; (3) the defendant was the only person in “close proximity” to the caller’s house: and (4) the officer found it implausible that the defendant would walk 1.5 miles at 1:35 in the morning to buy cigarillos. The question presented is: where the facts show that the defendant was walking on a sidewalk 0.3 miles away from an indescribable noise in the 911 caller’s yard—that might have been a person, animal, or vehicle—and there was no other physical descriptor or reason to believe the defendant made the noise or committed any crime, can the Eleventh Circuit’s reasonable suspicion determination be reconciled with Terry and its progeny? ii