The Circuit affirmed the denial of a suppression motion today in United States v. Huertas. You can access the opinion here.
A woman drove up to a patrol car and told the officer that “a man named Branden was nearby with a gun.” The officer drove in the direction the woman pointed and saw Huertas, who was standing on a street corner holding a black bag. The officer asked Huertas questions through his car window. The questioning lasted about thirty-sixty seconds. Huertas “stayed in a fixed position” and “answer[ed] the questions.” When the officer got out of his car, Huertas ran away. He was later found and arrested by other officers.
Relying on United States v. Baldwin, 496 F.3d 215, 219 (2d Cir 2007), the Circuit held that Huertas did not actually submit to police authority when he answered the officer’s questions because his actions were “evasive, and maximized his chance of avoiding arrest.” “By remaining still and answering questions, Huertas had a chance to quiet suspicion and hope that [the officer] would drive away after being satisfied with answers to his questions.”