United States of America v. Noah Huerta

Denver, Colorado, criminal defense lawyer represented the Defendant charged with being

a felon in possession of a firearm or ammunition.



On June 26, 2023, at around 4:20 a.m., a shooting occurred at a convenience

store in Denver, Colorado. III R. 105. Police identified a suspect, described as "a

light-skinned Black male who is bald with a thick beard and muscular build[.]” Id.

A security camera captured a photo of the suspect. I R. 30; III R. 106. Police located

the suspect's vehicle, a black Ford Expedition, several hours later. III R. 23, 108–10,

114. The vehicle was unoccupied and parked on the street outside of an apartment

complex several miles from the shooting location. Id. at 23, 106–13. Members of

the Denver Police Department, including Detective Shurley, surveilled the vehicle

while uniformed officers waited nearby. Id. at 11–13, 24. The officers received an

email with the photo of the suspect.



* * *



Although the Fourth Amendment prohibits unlawful searches and seizures,

U.S. Const. amend. IV, an officer may conduct an investigatory stop, or "Terry stop,”

if he "has a reasonable suspicion supported by articulable facts that criminal activity

'may be afoot,'” United States v. Samilton, 56 F.4th 820, 827 (10th Cir. 2022)

(quoting United States v. Sokolow, 490 U.S. 1, 7 (1989)); Terry v. Ohio, 392 U.S. 1,

21 (1968). During a lawful stop, "an officer may conduct a limited protective search

('frisk') if the officer harbors an articulable and reasonable suspicion that the person

is armed and dangerous.” United States v. Hammond, 890 F.3d 901, 905 (10th Cir.

2018) (quoting United States v. Davis, 94 F.3d 1465, 1468 (10th Cir. 1996)). This

principle also applies during a valid traffic stop, thereby allowing an officer to order

all passengers out of the vehicle and then frisk a passenger provided there is

reasonable suspicion that the passenger is armed and dangerous. United States v.

Gurule, 935 F.3d 878, 885 (10th Cir. 2019).

The Defendant pleaded guilty.



Affirmed