United States v. DeBerry

In United States v. DeBerry, 76 F.3d 884 (7th Cir. 1996), an officer on afternoon patrol duty received a message from his dispatcher conveying an anonymous tip that a black man in tan shorts and a tan shirt had a gun in his waistband and was standing on a city street corner. See id. at 885. The officer drove to the location and found a man matching the tipster's description, but no gun was visible. See id. According to the officer, the man--DeBerry--took several steps backward, turned slightly to the side, and moved his hands as if he might be about to draw a gun. See id. The officer drew his revolver and ordered DeBerry to place his hands on the hood of the police car. DeBerry complied, and the officer returned his gun to its holster. A backup officer arrived within two minutes, patted down the suspect, found the gun, and arrested him. See id. DeBerry was charged with being a felon in possession of a firearm in violation of 18 U.S.C. sec. 922(g)(1) and filed a motion to suppress the gun, claiming that the officer lacked probable cause to arrest him until he found the gun, and therefore the seizure of the gun violated the Fourth Amendment. See id. The district court denied the motion to suppress evidence of the gun. The Court affirmed, holding that when officers receive an anonymous tip accurately describing an individual and alleging that the individual is armed, even "weak corroboration" entitles police to stop the person and search the individual for a gun. Id. at 886.