CA8: Citizen calling 911 on seeing a man on bus with gun was reasonable suspicion

A man on a bus saw defendant on the bus with a gun, and he called 911 and described him. That was reasonable suspicion for his stop and frisk. United States v. Woods, 747 F.3d 552 (8th Cir. 2014)*:

Certainly, the facts of our case differ from those in Florida v. J.L., where the Supreme Court held that an anonymous tip lacking indicia of reliability does not justify a stop and frisk whenever and however it alleges the illegal possession of a firearm. 529 U.S. 266, 273-74 (2000). In J.L., the police received an anonymous tip that a young black man, who was wearing a plaid shirt and standing at a particular bus stop, was carrying a firearm. Id. at 268. In its holding, the Court reasoned that the tip lacked the “moderate indicia of reliability,” because while the tip provided a description of the individual’s appearance and location, it did not show how the tipster had knowledge of the concealed criminal activity. Id. at 271-72. In contrast to J.L., the caller here indicated that, while riding the bus, he saw a gun on the person of the man described, demonstrating how the tipster had knowledge of the concealed criminal activity. Additionally, when Officer Jamieson recontacted the 911 caller, the caller indicated that he was still in the vicinity and was watching the officers. It was at that time the caller directed the officers to Woods and the other man in the black cap seated at the bus stop. Thus, given the facts of this case, the additional information provided the moderate indicia of reliability necessary to support the officers’ reasonable suspicion.