United States v. Rakim Moberly

Summary

The Sixth Circuit affirmed the denial of a suppression motion, holding that an officer had reasonable suspicion to conduct a Terry stop and frisk based on an identifiable 911 caller's report of a disorder with a weapon, even though the suspect's clothing and vehicle color slightly differed from the description. The court found that the defendant waived his challenge to the initial stop in his conditional plea agreement, and that the officer's offhand remark about the caller's mental issues did not undermine the tip's reliability. The officer's observation of the defendant's nervous, defensive behavior and the scene matching the dispatch further justified the pat-down for weapons.

Holdings

1. The court held that Moberly waived his argument because his plea agreement reserved only the right to appeal the district court's determination regarding reasonable suspicion for the frisk, and he admitted facts that made the stop lawful.
2. The court held that the officer had reasonable suspicion based on the totality of the circumstances: the 911 caller's report, the scene corroboration, Moberly's nervous behavior, and his admission of having a gun.

Questions Presented

1. Whether Moberly waived his challenge to the initial investigatory stop.
2. Whether Officer Bedtelyon had reasonable suspicion to believe that Moberly was armed and dangerous justifying a Terry frisk.

Disposition

affirmed