CA4: Stopping only car in neighborhood after report of robbery was reasonable

“Approximately twenty minutes after Jacobs fled on foot, the police noticed Gilmore driving away from the neighborhood where the robbery occurred. At the time of the stop, Gilmore’s car was the only car on the road. Once the stop lawfully took place, the officers immediately noticed Jacobs in the back seat of Gilmore’s car and realized that he was the fleeing suspect. This gave the officers probable cause to arrest Gilmore and Jacobs.” United States v. Gutierrez, 2020 U.S. App. LEXIS 20038 (4th Cir. June 26, 2020).

Whether or not the District Court credits the testimony of the officer conducting the plain view determines its validity. The USMJ found the officer credible, and defendant gives no valid reason to upset that finding. United States v. Cigolo, 2020 U.S. Dist. LEXIS 112379 (D. Minn. June 26, 2020).*

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