751 Fed.Appx. 201 (3rd Cir. 2018), 17-3374, United States v. Acosta
|Citation:||751 Fed.Appx. 201|
|Opinion Judge:||BIBAS, Circuit Judge.|
|Party Name:||UNITED STATES of America v. Brian ACOSTA, Appellant|
|Attorney:||Meredith A. Taylor, Esq., Office of United States Attorney, Harrisburg, PA, for Plaintiff-Appellee Federal Public Defender Middle District of Pennsylvania, Office of Federal Public Defender, Williamsport, PA, Ronald A. Krauss, Esq., Office of Federal Public Defender, Harrisburg, PA, for Defendant...|
|Judge Panel:||Before: HARDIMAN, KRAUSE, and BIBAS, Circuit Judges|
|Case Date:||October 04, 2018|
|Court:||United States Courts of Appeals, Court of Appeals for the Third Circuit|
Submitted Under Third Circuit L.A.R. 34.1(a) on September 7, 2018
This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)
On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 1:16-cr-00164-001), District Judge: Honorable Christopher C. Conner
Meredith A. Taylor, Esq., Office of United States Attorney, Harrisburg, PA, for Plaintiff-Appellee
Federal Public Defender Middle District of Pennsylvania, Office of Federal Public Defender, Williamsport, PA, Ronald A. Krauss, Esq., Office of Federal Public Defender, Harrisburg, PA, for Defendant-Appellant
Before: HARDIMAN, KRAUSE, and BIBAS, Circuit Judges
BIBAS, Circuit Judge.
Neither an anonymous tip nor a suspects flight from police creates probable
cause on its own. But those facts, combined with others, can add up to probable cause. That is what happened here.
Brian Acosta moved to suppress evidence that the police found, claiming that they un-constitutionally stopped, frisked, and arrested him. But the police had ample reason for their actions. They had an anonymous tip that someone matching Acostas description was in the area with a gun; the area was known for crime; Acosta fled once he saw the police; he clutched something to his side as he ran; and during the chase, he threw away a gun that the police quickly found. So the police had reasonable suspicion for their stop and frisk, and probable cause for their arrest. We will affirm.
This case began with a tip. One day in October 2015, around 6 p.m., Harrisburg Police Officers John Fustine and Michael Rudy were in separate unmarked cars when both heard a call from the dispatcher: a white man in a black shirt and a camouflage hat was walking near 20th Street and Kensington with a gun. Officer Fustine drove there...
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