Summary
The Supreme Court of Delaware affirmed Tariq Loat’s convictions and the denial of his motion to suppress evidence. The Court held that officers’ initial request to speak with Loat was a consensual encounter requiring no reasonable suspicion, and that his subsequent flight, presence in a high-crime area, waistband movement, and known access to firearms supported reasonable suspicion for the stop.
Topics
Practice areas
Questions Presented
- Whether the Superior Court clearly erred by characterizing the prior search of Loat's home as recent.
- Whether police had reasonable suspicion to stop Loat after a uniformed officer approached him and asked to speak with him, followed by Loat's flight.
Holdings
- Even if the Superior Court erred in describing the prior search as recent, the error was not reversible because Loat failed to explain how the timing of the search affected the reasonable-suspicion analysis.
- An officer's approach and request to speak, without more, constituted a consensual encounter rather than a seizure; therefore, police did not need reasonable suspicion merely to initially approach and question Loat.
- Police had reasonable suspicion to stop Loat after he fled from the officer's approach.
Key quotations
“Here, Corporal Moore did no more than ask to speak with Loat and Rowe, which we have consistently held to be a consensual encounter.” (at 7)
“Reasonable suspicion exists when an “officer ha[s] a particularized and objective basis to suspect criminal activity.”” (at 8)
“When Loat took off running, the police had reasonable suspicion to stop him.” (at 9)
Factual background
Plainclothes Wilmington police detectives observed Tariq Loat and Vaughn Rowe walking in a Wilmington area the officers regarded as high crime. The detectives suspected Rowe was carrying a gun because he repeatedly held and checked his waistband, and one detective knew that a prior search warrant at Loat's home had resulted in the seizure of guns from family members. When a uniformed officer asked Loat and Rowe, "Hey, can I talk to you?" Loat immediately fled; while being chased, he grabbed his waistband, and police later found a gun approximately ten feet from where he was detained.
Procedural history
Rowe moved to suppress evidence obtained during the police encounter, and Loat joined the motion. The Superior Court denied suppression, concluding that the officers had reasonable suspicion to stop the defendants and that the ensuing chase was lawful. After a stipulated bench trial, Loat was convicted and sentenced to nineteen years and ninety days at Level V incarceration, suspended after one year for decreasing levels of supervision. The Delaware Supreme Court affirmed.