Terrill A. Rickmon, Sr. v. United States
FourthAmendment CriminalProcedure
Does the sound of gunshots create an emergency so that the 'individualized suspicion' required by Terry attaches to anyone near the shots?
QUESTION PRESENTED The Court has long recognized that without a warrant, police must have an “individualized suspicion” to stop a particular person. This is the familiar standard established in Terry v. Ohio, 392 U.S. 1, 21 (1968). Earlier this year, the District of Columbia Circuit and a divided en banc court of the Fourth Circuit ruled that the sound of gunshots were insufficient grounds to stop anyone nearby. In this case, however, a divided panel of the Seventh Circuit concluded that the sound of gunshots created an “emergency” that justified stopping the first car that the police spotted leaving the area. This question is presented for review: Does the sound of gunshots create an emergency so that the “individualized suspicion” required by Terry attaches to anyone near the shots? ii RELATED CASES United States v. Rickmon, No. 18-CR-10046, United States District Court for the Central District of Illinois. Judgment entered on May 31, 2019. United States v. Rickmon, No. 19-2054, United States Court of Appeals for the Seventh Circuit. Judgment entered on March 11, 2020.