Criminal Procedure (Investigatory Stops Based on Past Misdemeanor Offenses‪)‬

Tenth Circuit Authorizes Investigatory Stops Based on Past Misdemeanor Offenses--United States v. Moran, 503 F.3d 1135 (10th Cir. 2007) The Fourth Amendment to the United States Constitution affords individuals the right to be free from unreasonable searches and seizures. (1) The United States Supreme Court recognizes that certain seizures, such as investigatory stops conducted by police officers, comport with the protections guaranteed by the Fourth Amendment. (2) In United States v. Moran, (3) the United States Court of Appeals for the Tenth Circuit considered whether investigatory stops based on reasonable suspicion of a completed misdemeanor are constitutionally permissible. (4) The Tenth Circuit held that the investigatory stop based on the commission of a past misdemeanor was reasonable in light of the strong governmental interest of "solving crimes and bringing offenders to justice" and the continuing threat to public safety posed by the unique factual circumstances presented in the case. (5) The court, however, declined to make a blanket endorsement of all investigatory stops based on past misdemeanors. (6)