U.S. v. Gorin

Decision Date31 October 1977
Docket NumberNo. 76-2136,76-2136
PartiesUNITED STATES of America, Appellee, v. Eli M. GORIN, Appellant.
CourtU.S. Court of Appeals — Fourth Circuit

David M. Shapiro, Richmond, Va. (court-appointed), Tronfeld, Caudle & Shapiro, Richmond, Va., on brief, for appellant.

William B. Cummings, U.S. Atty., J. Frederick Sinclair, Asst. U.S. Atty., Alexandria, Va., on brief, for appellee.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WINTER, Circuit Judge.

PER CURIAM:

Having been convicted of unlawful shipment and possession of firearms in violation of 18 U.S.C. §§ 922(g), 924(a) and 18 U.S.C.App. § 1202(a)(1), Eli M. Gorin appeals to this Court.

The major contention on this appeal is that the trial court erred in admitting into evidence two guns seized at the time of defendant's arrest.

Three New York City detectives, working together in New York City as a decoy unit, and, of course, dressed in civilian clothes, passed by a local bar that several other policemen were entering. These policemen were responding to a radio report based on an anonymous telephone call that a man with a gun was in the bar. The policemen repeated to the detectives the description of the man with the gun a white male, approximately six feet tall, wearing a black leather jacket and a reddish shirt. One of the detectives then entered the bar and spoke with the man who made the initial call to the police. This man, to whom the detective referred as the bar owner or bartender, confirmed the description given to the police on the phone and stated that the man with the gun had just left the bar.

The detectives returned to their regular duties, and approximately twenty minutes later (around 11:30 p. m.) and seven blocks away, the detectives observed the defendant sitting in a parked car with two other men, one of whom was white, and the other, black. The defendant matched the description of the man with the gun who had been seen earlier in the bar. After conferring among themselves about the proper course of action, one of the detectives walked over to the car in which the defendant was sitting, identified himself, and asked to speak with the defendant. As Gorin stepped out of the car, the detective noticed a gun at Gorin's waist. The detective took the gun from Gorin and placed him under arrest. A further search of the car and the other occupants led to the discovery of a second weapon. 1

The question presented by the defendant's challenge to admitting the two guns as evidence is whether the arresting detective had "reasonable suspicion" to undertake the "stop and frisk" that led to the discovery of the first gun. If the detective was justified in questioning Gorin, he also was justified in seizing the gun that he could see even before "patting down" the defendant. Gorin contends that the detectives stopped him because of a suspicion, based on the occupants of the car and the time of the night, that Gorin was participating in a drug deal. The district court expressly concluded during the pre-trial suppression hearing, however, that this was not the detectives' reason for questioning Gorin.

Gorin argues alternatively that the "stop and frisk" was unconstitutional because the "reasonable suspicion" that Gorin possessed a gun was based on a tip from an anonymous informant. As a final alternative, Gorin suggests that even if the detectives knew the identity of the informant, the detectives did not know whether the informant was reliable. We believe the record indicates that the informant was the bar owner or bartender, and thus we consider only the argument concerning the informant's reliability.

Gorin cites several state court decisions holding that "reasonable suspicion" cannot be based on a tip from an informant whose reliability is not known. A fair reading of Adams v. Williams, 407 U.S. 143, 146-47, 92 S.Ct. 1921, 32 L.Ed.2d 612 (1972), however, indicates that in Gorin's situation this lack of information should not preclude a finding of "reasonable suspicion."

The record clearly indicates that someone in the bar made the call concerning the person the detectives believed to be Gorin. The informant based his tip on personal observation and gave the police a reasonably specific description of the man with the gun. The detectives confirmed this tip in person with the bar owner or bartender, who they believed to be the original informant. Thus, the informant was in a position of substantial responsibility, which suggests that he would provide reliable information, and the detectives could have identified the informant for further questioning or testimony at trial.

Using this information, the detectives found Gorin only seven blocks away from the bar. Under the circumstances, the detectives' only reasonable alternative was to ask to question Gorin when they did. If the detectives had returned to the bar to verify their information and learn about the informant's reliability, Gorin likely would have left the scene before the detectives returned. On these facts, given the alternatives and information available to the detectives, we cannot conclude that they lacked the "reasonable suspicion" necessary to justify questioning Gorin. Any other conclusion would give an overly narrow reading to Adams v. Williams, supra, and Terry v. Ohio, 393 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The Supreme Court in Adams considered the necessity of the policeman's conduct in order to prevent the flight of the defendant. The Court specifically noted that standards of reliability should not prevent appropriate police action...

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23 cases
  • State v. Kennedy
    • United States
    • Washington Supreme Court
    • October 16, 1986
    ...a split of federal authority on the question of whether the Aguilar-Spinelli test applies to Terry stops. Compare United States v. Gorin, 564 F.2d 159, 161 (4th Cir.1977), cert. denied, 434 U.S. 1080, 98 S.Ct. 1276, 55 L.Ed.2d 788 (1978) ("[t]he high standard for informant reliability estab......
  • State v. Mann
    • United States
    • Connecticut Supreme Court
    • October 5, 2004
    ...That same analysis applies [when an informant reports a crime to the police in person]." (Citation omitted.) United States v. Gorin, 564 F.2d 159, 161 (4th Cir.1977), cert. denied, 434 U.S. 1080, 98 S.Ct. 1276, 55 L.Ed.2d 788 (1978). Finally, Jones' credibility was bolstered both by virtue ......
  • U.S. v. White
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • April 10, 1981
    ...a lower quantum of proof than does probable cause. United States v. Afanador, 567 F.2d 1325, 1329 (5th Cir. 1978); United States v. Gorin, 564 F.2d 159, 161 (4th Cir. 1977), cert. denied, 434 U.S. 1080, 98 S.Ct. 1276, 55 L.Ed.2d 788 (1978). Accordingly, courts have been more willing to allo......
  • State v. Hammond
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    • Connecticut Supreme Court
    • August 21, 2001
    ...Unlike a person who makes an anonymous telephone call, this informant confronted the agent directly.''); United States v. Gorin, 564 F.2d 159, 161 (4th Cir. 1977), cert. denied, 434 U.S. 1080, 98 S. Ct. 1276, 55 L. Ed. 2d 788 (1978) (''[S]tandards of reliability should not prevent appropria......
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