Report of possible assault made by unidentified person in face-to-face encounter with police justifies stop of vehicle seen departing scene

SEARCH & SEIZURE United States v. Sanchez, No. 06-2329, ___ F.3d ___ (10th Cir. Mar. 17, 2008)(New Mexico). Appeal of district court’s denial of defendant’s motion to suppress evidence that led to defendant’s plea of guilty to being felon in possession of firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(A)(2). HELD: Police had reasonable suspicion of criminal activity sufficient to justify investigatory stop of vehicle they saw quickly leaving residence where (1) the residence was near location identified as site of assault by unidentified woman who flagged them down and (2) neighbors were pointing at vehicle as police approached. Neither unidentified woman nor pointing neighbors were anonymous tipsters. The woman reported the assault to police in face-to-face encounter, thus putting her anonymity at risk and allowed police an opportunity to evaluate her credibility and demeanor. Neighbors divulged enough information about themselves to be capable of identification by standing outside their homes throughout stop and allowed themselves to be questioned by officers. In addition to being readily identifiable by police, they were also known to the occupants of the vehicle and exposed themselves to risk of retaliation by their conduct. Read the opinion here.