Investigatory stop based on suspicion of completed misdemeanor may be proper under certain circumstances

SEARCH & SEIZURE United States v. Moran, No. 06-2175, ___ F.3d ___ (10th Cir. Sep. 25, 2007)(New Mexico). Appeal of conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). HELD: Investigatory stop based on suspicion of completed misdemeanor is reasonable where: (1) police officers had reasonable suspicion defendant committed crime in question (i.e., criminal trespass); (2) officers received report of same crime earlier on day of stop; (3) reasonable officer could conclude defendant was likely to repeat crime in future; (4) specific nature of offense indicated threat to public safety; and (5) officers encountered defendant minutes after crime occurred. Read the opinion here.