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Usav.Kareen Rasul Griffin

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.11-15558
DecidedOctober 2, 2012
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
CriminalCriminal ProcedureConstitutional LawFourth AmendmentSearch and SeizureReasonable SuspicionWarrantless SearchFirst ImpressionDirect AppealReversalRemand
Case Summary

After a store security guard identified Kareen Rasul Griffin as the person who had attempted a theft, a Jacksonville officer stopped and frisked him. During the frisk, the officer asked what Griffin carried in his pocket and whether he had been to prison. Griffin said the object was ammunition, admitted a prior prison term, and fled after the officer warned that felons may not possess ammunition. The district court suppressed the statements and ammunition, reasoning that the questions were unrelated to the theft investigation and frisk. The Eleventh Circuit reversed and remanded. It held that the initial stop was supported by reasonable suspicion and that the surrounding circumstances justified a protective frisk. It further held, as a matter of first impression in the circuit, that unrelated questions during a valid Terry stop do not create a Fourth Amendment violation unless they measurably prolong the detention. The brief exchange—likely no more than 30 seconds—did not prolong the stop, which was still focused on the attempted theft. The questions were not themselves a search, and the physical frisk did not exceed Terry or Dickerson. The suppression order was therefore reversed.

Opinion

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