Search and Seizure — stop and detention

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United States Court of Appeals For the Seventh Circuit

Criminal

Search and Seizure — stop and detention

Where a police officer unexpectedly encountered the defendant while attempting to arrest another, the stop and detention of the defendant was reasonable.

“Detective Wiza was alone and was attempting to arrest Johnson for a violent crime involving a gun. He was surprised when Johnson’s associates exited the same van. He reasonably concluded that they presented a potential threat to his ability to arrest Johnson safely. Though Detective Wiza did not have any particular reason at that moment to believe Howard, Williams, or Carthans was dangerous, he was justified in at least being cautious of those accompanying Johnson. By ordering Howard, Williams, and Carthans to the ground, Detective Wiza was able to control the movement of those at the scene, to ensure that there was no interference, and to keep them out of any potential lines of fire. This step increased the likelihood that Johnson would be arrested safely.”

Affirmed.

13-1256 U.S. v. Howard

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Hamilton, J.