Friday, December 17, 2021

Reasonable Suspicion Existed for Stop Near School

US v. Coleman: One morning a high school administrator called police about an “unknown man [who] was parked erratically on the campus,” describing him as “asleep or passed out” and with a crossbow in the backseat. A police officer arrived and found the car “stopped but running,” partly blocking a lane in front of the school. He as “concerned for the driver’s safety,” but also thought that the crossbow was illegal to possess on school property. As he pulled in behind the car, it drove away. Considering that suspicious, the officer followed and performed a traffic stop. Finding the driver, Coleman, “lethargic” and too old to be a student, he asked if there were any weapons in the car. Coleman said there was a firearm in the center console. When Coleman got out of the car, the officer saw a “fairly large bag” of what appeared to be marijuana between the door and drivers’ seat. A further search of the car uncovered the firearm and methamphetamine. Coleman was convicted on gun and drug counts after unsuccessfully moving to suppress the things found in his car. He was sentenced to 211 months in prison. 

On appeal, the Fourth Circuit affirmed the denial of Coleman’s motion to suppress. Specifically, the court concluded that the officer had reasonable suspicion to make the stop, putting to one side the legal status of the crossbow (it’s unclear whether it would be prohibited under the relevant Virginia statutes). The “setting” of the stop was a relevant factor where an unknown person’s suspicious conduct “would immediately heighten a reasonable officer’s concern.” This included the fact that school visitors were required to check in on arrival (needless to say, Coleman did not). As for the crossbow, a “reasonable officer could conclude that, though it may have been lawful” it was a “dangerous weapon on school grounds, which could be used to harm students, faculty, and/or staff at the school.

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