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The Honorable Lawrence L. Piersol, Chief Judge, United States District Court

for the District of South Dakota, adopting the report and recommendations of the

Honorable John E. Simko, United States Magistrate Judge for the District of South

Dakota.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

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No. 04-1952

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United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* District of South Dakota 

Lavayne M. Jacobsen, *

*

Appellant. *

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Submitted: October 21, 2004

Filed: December 2, 2004

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Before LOKEN, Chief Judge, MAGILL and BENTON, Circuit Judges. 

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BENTON, Circuit Judge.

The district court1

 denied Lavayne M. Jacobsen's motion to suppress evidence.

This court reviews the findings of fact for clear error, but reviews de novo the

conclusions of law. United States v. Velazquez-Rivera, 366 F.3d 661, 664 (8th Cir.

2004). Jurisdiction being proper under 28 U.S.C. § 1291, the district court is

affirmed. 
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On July 21, 2003, Agent Jason Piercy received three phone calls from a

confidential informant. In ten other cases, the informant had provided reliable

information resulting in arrests or controlled drug purchases. 

The informant stated that "Taco," "Jake" (appellant Jacobsen), and "Monty"

were going to Minnesota to pick up an ounce of cocaine. In the second call, the

informant added that Jacobsen would be driving a black S-10 truck, while Monty's

vehicle, a green Chevrolet Camaro, would stay parked at Jacobsen's home. License

records confirmed that Jacobsen owned a black GMC Sonoma truck, and Monty had

a Chevrolet Camaro. Agent Piercy drove past Jacobsen's home and saw the Camaro,

but not the truck. 

The informant called a third time, relaying that Jacobsen had returned from

Minnesota. Two detectives drove to Jacobsen's home and saw his truck. A man then

left Jacobsen's home carrying what appeared to be a small brown bag, and drove away

in Jacobsen's truck. Agent Piercy directed the detectives to follow him. Agent

Piercy testified he thought the man might be carrying controlled substances. The

"bag," in fact, was a coffee pot. 

 Agent Piercy instructed the detectives to pull the truck over. Rather than do

so themselves, one detective described the vehicle to a patrol officer. The officer was

given no information about the investigation, except that narcotics detectives needed

help stopping the truck. After pulling over the truck, the officer implied that the

license-plate light was not illuminated. (Videotape taken from the officer's car shows

the light was working.) The officer determined that the man was Jacobsen and

detained him 10 to 15 minutes.

Arriving at the stop, Detective Duprey began questioning Jacobsen. He denied

being out of town, which Detective Duprey believed was false and evasive. A canine
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officer was called, arriving within 40 minutes. The canine alerted to the vehicle,

where methamphetamine and a mixture containing cocaine were found. 

After the district court denied Jacobsen's motion to suppress, he entered a

conditional plea of guilty to two violations of 21 U.S.C. § 841(a)(1). Jacobsen

appeals the denial of this motion, arguing the stop was pretextual.

The Fourth Amendment protects against unreasonable searches and seizures.

To detain a person, law enforcement agents must have reasonable suspicion that

criminal activity is afoot. United States v. Arvizu, 534 U.S. 266, 273 (2002), quoting

United States v. Sokolow, 490 U.S. 1, 7 (1989). Reasonable suspicion requires a

particularized and objective basis for suspecting legal wrongdoing. Id. See Terry v.

Ohio, 392 U.S. 1, 21 (1968). This court reviews the totality of circumstances.

Arvizu, 534 U.S. at 273; see also United States v. Buchannon, 878 F.2d 1065, 1067

(8th Cir. 1989). 

The Supreme Court held that a police officer can rely on a "wanted flyer" when

making a Terry stop, even if the flyer omits the specific articulable facts supporting

reasonable suspicion. United States v. Hensley, 469 U.S. 221, 232 (1985).

Specifically, 

if a flyer or bulletin has been issued on the basis of articulable facts

supporting a reasonable suspicion that the wanted person has committed

an offense, then reliance on that flyer or bulletin justifies a stop to check

identification, to pose questions to the person, or to detain the person

briefly while attempting to obtain further information. 

Id., citingAdams v. Williams, 407 U.S. 143, 146 (1972). Evidence uncovered during

the stop is admissible. Id. at 233. Admissibility does not require that those acting on

the flyer themselves know the specific facts prompting the flyer, if some degree of

communication exists between the police officers. Id. at 231; see also United States
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v. Twiss, 127 F.3d 771, 774 (8th Cir. 1997); United States v. Horne, 4 F.3d 579, 585-

86 (8th Cir. 1993); United States v. Stratton, 453 F.2d 36, 37 (8th Cir. 1972).

Hensley authorized Jacobsen's detention because the agent ordering the stop

had sufficient reasonable suspicion. Reasonable suspicion may be based on an

informant's tip. Williams, 407 U.S. at 147; United States v. Johnson, 64 F.3d 1120,

1124-25 (8th Cir. 1995); United States v. McBride, 801 F.2d 1045, 1046-47 (8th Cir.

1986). As in the ten previous tips, the informant provided Agent Piercy with reliable

information. The informant's three phone calls accurately described Jacobsen's

residence, his vehicle, his friend's vehicle, and when they would return from

Minnesota. Agent Piercy corroborated the informant's tip by checking tax and

licensing records, and driving past Jacobsen's home. Finally, Jacobsen was observed

exiting his house with a small brown bag and leaving in his truck. Reasonable

suspicion was based on more than "inarticulate hunches." See Terry, 392 U.S. at 22.

Agent Piercy had a particularized and objective basis for ordering the stop.

Because Agent Piercy had reasonable suspicion that criminal activity was

afoot, and because narcotics detectives instructed the patrol officer to make the stop,

the officer's false statement about the burned-out light does not matter. 

An investigative stop of a vehicle does not violate the Fourth

Amendment where the police have a reasonable suspicion that the

occupant of the vehicle is engaged in criminal activity. United States

v. Mora-Higuera, 269 F.3d 905, 909 (8th Cir. 2001), cert. denied, 537

U.S. 828, 123 S.Ct. 123, 154 L.Ed.2d 40 (2002). "There is no

requirement that there be a traffic violation." Id.

United States v. Briley, 319 F.3d 360, 364 (8th Cir. 2003). The patrol officer himself

need not know the specific facts that caused the stop. See Hensley, 469 U.S. at 232.

Rather, the officer need only rely upon an order that is founded on reasonable
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suspicion. Here, the order was based upon articulable facts supporting reasonable

suspicion. 

The judgment of the district court is affirmed. 

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