CA3: Finding suspect near bank that was just robbed generally matching description but with short sleeves in winter was RS

“With respect to the issue of reasonable suspicion, this is a close case. Defendants were not wearing all of the clothing described in the dispatch or depicted on the surveillance video, and their reaction to the police vehicle could be viewed as non-suspicious avoidance of a car tailing two pedestrians at close range. Joel Scott, however, was wearing short sleeves in thirty-degree weather, and the pair was stopped within 125 yards of a bank that minutes earlier had been robbed by two men. Cf. Brown, 448 F.3d at 252 (holding ‘excessively general description’ and ‘unreliable location tip in the absence of corroborating observations by police’ did not support reasonable suspicion). Thus, based on the totality of the circumstances, the initial stop was permissible under Terry.” United States v. Scott, 2020 U.S. App. LEXIS 21141 (3d Cir. July 8, 2020).

The trial court’s findings underlying granting defendant’s motion to suppress were based on a credibility determination that defendant was not blocking a driveway, the basis for the stop. The evidence supports it. State v. Alford, 2020 Mo. App. LEXIS 848 (July 7, 2020).*