United States Eighth Circuit

The circuit court declines to adopt a per se rule that police may never conduct a Terry stop to investigate a completed misdemeanor. To determine whether such a stop is constitutional, a court must balance the "nature and quality of the intrusion on personal security against the importance of the governmental interests alleged to justify the intrusion." Denial of a motion to suppress evidence in a prosecution for being a felon in possession of ammunition is reversed where, under the circumstances, the governmental interest in investigating a previous trespass did not outweigh defendant's personal interest to be free from arbitrary interference by police.

Appellate Information

• Decided 02/25/2008
• Published 02/25/2008

Judges

• BENTON, Circuit Judge., Before COLLOTON, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert G. Kuchar, Asst. Fed. Public Defender, Kansas City, MO, argued (Raymond C. Conrad, Jr., Fed. Public Defender, Stephen C. Moss, Asst. Fed. Public Defender, on the brief), for appellant.


• For Appellees:
  
• Bruce E. Clark, Asst. U.S. Atty., Kansas, MO, argued (John F. Wood, U.S. Atty., on the brief), for appellee.