Adam Douglas Sherwood v. United States
FourthAmendment CriminalProcedure Privacy
Whether a police officer's stop of a white Silverado pickup truck 35 minutes after a gunshots-fired incident, based on a dispatch alert, constitutes a valid investigative stop, and whether the subsequent search of the vehicle based on an open beer container and frisk of a passenger's pocket revealing a small amount of methamphetamine was constitutional
Under Terry and its progeny, the police may stop and briefly detain a person driving in a motor vehicle for investigative purposes if the officer has a particularized and objective basis for suspecting that particular person of criminal activity, which must be more than an inchoate suspicion, or hunch. If the officer believes the person stopped is armed and dangerous, he may conduct a protective frisk of the suspect’s outer clothing to discover guns, knives or other hidden instruments for an assault of the police officer. A thorough search of the car can be conducted if probable cause exists to believe the car contains contraband or evidence of a crime. Where a dispatch alert indicates that a gunshots-fired incident involved a white Silverado pickup, the second most common vehicle on the road, driving away at a high rate of speed at 12:24 a.m. from a given location, does the officer have a particularized basis for stopping a white Silverado pickup truck 35 minutes later that happens to be driving in the same area, or is such a stop prohibited because it is nothing but a hunch? If the passenger in the front seat of the white Silverado that the officer later stopped in a private parking lot has an open container of beer in his lap, does this give the officer the right to conduct a thorough search of the vehicle for contraband or evidence of a crime, including a search for other "intoxicants?” If the person with the open can of beer, in response to questioning by the officer about whether he has any weapons on him, tells the officer he has a pocketknife in his left front pocket, but the officer frisks his outer clothing and feels nothing that resembles a weapon, may the officer still thrust his hand into the suspect’s left front pocket and pull out items that the officer acknowledges did not feel like a weapon, such as a small amount of currency and a one-inch by one-inch plastic bag that contains only .35 grams of methamphetamine?