United States v. Glover

United States v. Glover

1. Two officers in Charlotte, NC are patrolling an area "plagued by armed robberies and assaults"

   • Officers are six- year veterans familiar with the area in addition to the site being investigated by one of the officers a year prior
     • Paul Glover was the only person outside at 0440 other than employee checking fuel tanks
       • Glover was attempting to conceal appearance and talking on cell phone moving closer to employee
         • Officer circled building and Glover gained ground closer to employee
           • Officers believed Glover was stalking employee and conducted a stop and frisk
             • Officers retrieved a firearm from Glovers pocket
               • Based on the totality of circumstances, similar to Terry v. Ohio (1968) police have reason to stop and frisk Glover (subject)
             • Officer(s) must present specific and articulable facts that reasonably suggest a crime is or will be committed - subject stalking employee, known crime area, avoiding police and the time of day
           • Rational inference drawn from those facts- subject is attempting to rob overnight employee
         • Facts elevated in light of officers experience- subject avoiding police
       • Facts considered based on the totality of circumstance- 0440 in the morning and one person acting strange in the parking lot
     • Facts elevated in light of Officers experience - officers first hand experience
   • Facts considered based on the totality of circumstances- known crime area