CA10: Report of gun at 3 am and furtive movement was RS

Officers had reasonable suspicion from a tip of a gun in defendant’s car at 3 a.m. in an area known for that. When the officers saw him there were furtive gestures. United States v. Mosley, 2014 U.S. App. LEXIS 3901 (10th Cir. March 3, 2014):

Here, by the time Defendant raised his hands in submission to the officers’ show of authority, he had already made furtive gestures consistent with hiding or retrieving a weapon in response to being confronted by police officers. We need not rely on this fact alone, however. One of the officers who responded to the call testified that “shootings” and “several types of situations [had] gone down in that [Denny’s] parking lot over the years.” We note also that the confrontation occurred at around 3:00 a.m., in response to a tip, albeit anonymous, that one of the occupants of the car in which Defendant sat had a gun in his lap. In light of all these facts, the officers could reasonably suspect Defendant either was or had been engaged in criminal activity, which justified a Terry stop to investigate further. Moreover, these facts render Florida v. J.L., 529 U.S. 266 (2000), where officers stopped and frisked a citizen based on an anonymous tip alone, inapposite. Defendant’s reliance on J.L. is therefore misplaced.