United States v. Bradley
United States v. Bradley
Opinion of the Court
Presently pending before the Court is Defendant Gary Bradley's Motion to Suppress physical evidence discovered by Trooper Wesley Johnson ("Trooper Johnson") as well as any statements Bradley made in connection therewith ("the Motion"). (Doc. 19). The facts of this case are not in dispute. Indeed, nearly the entire interaction was captured by a dashboard camera affixed to Trooper Johnson's patrol car and a microphone affixed to his uniform. The matter has been fully briefed, (Docs. 19, 20, 24, 35, 39), and is ripe for disposition. For the reasons that follow, the Motion shall be granted.
I. BACKGROUND
Trooper Johnson has been a trooper with the Pennsylvania State Police since May 31, 2015 and at all relevant times was assigned to the Troop H Incident Reaction Team. Trooper Johnson describes the Incident Reaction Team as a "proactive patrol unit focused on assisting local, state, or local task forces ... [with] crime patrol ... and local drug interdiction." (Doc. 30 at 4).
On February 10, 2018, Trooper Johnson was performing "aggressive patrol functions" in the Harrisburg area on Highway 81. (Id. at 5). At approximately 1:43 a.m., while parked in his unmarked patrol vehicle in the highway's median, Trooper Johnson noticed a silver Chevrolet sedan with Pennsylvania tags decrease its speed. This vehicle piqued Trooper Johnson's interest because, from his view, it seemed as if the driver was attempting to conceal his face as he drove by. (Id. at 6-8). Trooper Johnson later identified the driver of that vehicle as Defendant Gary Bradley ("Bradley" or "Defendant"). Because Trooper Johnson was suspicious that Bradley may have been attempting to conceal his face because he was driving under the influence ("DUI"), he pulled out from his perch, and trailed behind Bradley's vehicle. Trooper Johnson observed the Chevrolet weave and bob within its lane and clocked the vehicle at 75 miles-per-hour in a 65 miles-per-hour zone using his own vehicle's speedometer. At that point, Trooper Johnson believed that he had probable cause to stop the vehicle because Bradley's "driving behavior [was] potentially consistent with criminal activity." (Doc. 24-1). Accordingly, Trooper Johnson clicked on his emergency lights and initiated a traffic stop. As soon *463as Trooper Johnson did so, the dash camera affixed to his patrol vehicle began recording. The dash camera collected audio through a microphone affixed to Trooper Johnson's uniform and video through a front-facing camera affixed to his vehicle. This video was submitted by both the Government and the Defendant as exhibits at the suppression hearing held in this matter.
After pulling over to the side of the highway, Trooper Johnson approached the Chevrolet from the passenger side and observed Bradley sitting alone in the driver seat with several cell phones and cell-phone charging cords resting on the center console. Trooper Johnson noted that Bradley exhibited "several apparent signs of overt nervousness." (Doc. 30 at 13). Specifically, Trooper Johnson noticed "the tremoring of [Bradley's] voice" and hands "as he searched for his documents," that Bradley "appeared to look around the cabin as if he didn't know exactly what to do," and that Bradley was exhibiting "labored breathing that presented itself throughout the traffic stop." (Id. at 13-14). Trooper Johnson "categorize[d] Mr. Bradley in the top five nervous people that [he had] ever dealt with." (Id. at 14). At the suppression hearing, Bradley testified that his tremors are the result of a motorbike accident in 1988 and that Trooper Johnson neither asked him why his hands were shaking nor provided him with an opportunity to explain. (Id. at 60).
On approach, Trooper Johnson introduced himself and asked Bradley for his license, registration, and proof of insurance. Bradley informed Trooper Johnson that his license was suspended and that the vehicle was a rental but nonetheless provided Trooper Johnson with a state-issued ID and a copy of the vehicle's rental agreement. Trooper Johnson explained to Bradley that he pulled him over because he was bouncing within his lane and was driving too fast. Bradley told Trooper Johnson that he did not realize that he was weaving within his lane because he had been arguing with someone on the phone. Trooper Johnson tried to calm Bradley down, telling him to "take a deep breath." (Gov. Exh. 2 at 1:45).
Trooper Johnson then directed Bradley to accompany him to his patrol vehicle, stating "[l]isten, I'm going to bring you back to my car, okay, we'll see if I can check how many times you've been cited and stuff like that and if I can cut you a break. Okay?" (Id. ). Trooper Johnson continued, "just come on back to my car and we'll work it all out." (Id. ). Bradley acquiesced and exited his vehicle.
According to Trooper Johnson, although the practice of requesting that a driver leave their own vehicle is uncommon, he believed that speaking to Bradley in his patrol car, rather than on the side of the road, furthered his goal of "community[-]oriented policing" and provided an "opportunity to really explain to [Bradley] what we do and why we do it." (Doc. 30 at 15). Trooper Johnson averred that he learned this technique through interdiction classes offered by "Dessert Snow, Triple I Solutions" and "the Shield Initiative through the Pennsylvania State Police." (Id. at 16). Trooper Johnson explained at the suppression hearing that "obtaining or having a driver step out of his comfort zone and in his vehicle and moving them to *464[the patrol] vehicle allows [the officer] to establish a better baseline in differentiating between the innocent motoring public and individuals engaged in criminal activity." (Id. at 17). Nonetheless, Trooper Johnson specified that he does not request the driver to exit the vehicle because he suspects contraband in the vehicle. (Id. at 18). Trooper Johnson estimated that he makes such a request in approximately 75 to 80 percent of traffic stops. (Id. at 17). At Bradley's state-court preliminary hearing held on February 22, 2018, however, Trooper Johnson offered an alternative explanation for his request; Trooper Johnson testified that he invited Bradley to sit in his vehicle "due to the temperature" and that it was not "appropriate to have him stand out in the cold." (Def. Exh. 104 at 9:00).
After Bradley exited his vehicle to accompany Trooper Johnson to his patrol car, Trooper Johnson asked Bradley for consent to pat him down for weapons. (Gov. Exh. 2 at 1:46). Bradley agreed. Trooper Johnson conducted a frisk, which did not reveal anything of note. Bradley then entered the front passenger door of Trooper Johnson's patrol vehicle.
Upon entering, Trooper Johnson began a query of Bradley's driver's license, criminal history, and driver's history using his patrol car's mobile computer. Almost instantly, Trooper Johnson proceeded to ask Bradley a barrage of additional questions. Trooper Johnson inquired as to whom Bradley was arguing with on the phone, about his travel plans, about the address listed on the vehicle's rental agreement, and about details concerning his family's whereabouts. Trooper Johnson also asked Bradley about his criminal history, including whether he had ever been in trouble with the law for anything besides his license suspension. Bradley informed Trooper Johnson that he had been in trouble for guns in 1998 and that he was under federal supervision as he awaited the start of an incarceration term after pleading guilty to conspiracy to possess heroin. Throughout the questioning-which spanned nearly ten minutes-Trooper Johnson pressed Bradley for details about his crimes and his sentence, for details about his mother and her whereabouts, his travel route, the renter of the vehicle, and the duration of the rental. Trooper Johnson also requested that Bradley provide him with contact information for the person listed on the rental agreement, which, according to Bradley, was his wife. (Gov. Exh. 2 at 1:46-1:54). Bradley answered all of Trooper Johnson's often-repetitive questions.
At one point, Trooper Johnson noted that the last time Bradley had been cited for a driving-related offense was in 2010.
After explaining to Bradley that he would issue him only a warning, Trooper Johnson informed Bradley that his partner, Corporal Brian Hoye, had arrived. Corporal Hoye remained stationed directly outside of the front passenger side door-directly outside of where Bradley was sitting-and can be heard in the video announcing *465himself by saying "how you doing, sir?" (Gov. Exh. 2 at 1:55). Trooper Johnson explained to Bradley that he called Corporal Hoye to the scene because "he does not like people up on his back." (Id. ). Trooper Johnson later testified at the suppression hearing that he requested backup because he intended to request Bradley's consent to search the vehicle and believed that a second unit was necessary to conduct that search. (Doc. 30 at 29). Trooper Johnson explained on cross-examination that "I was going to see how we needed to proceed, whether it was going to be a consent search, probable cause, or requesting a K-9 to the scene." (Id. at 54). Trooper Johnson also testified that, "[a]t that point in time," Bradley was "not free to leave," (Id. at 56; see also Def. Exh. 104 at 9:00), and that, in the event Bradley had not otherwise been arrested, Trooper Johnson would have impounded and inventory searched Bradley's vehicle as a result of Bradley's suspended license.
Within moments of Corporal Hoye's arrival, Trooper Johnson leveled his tone of voice and asked:
TROOPER JOHNSON: Gary, no guns in the car today?
BRADLEY: No.
TROOPER JOHNSON: Any marijuana in the car?
BRADLEY: No.
TROOPER JOHNSON: Any large sums of U.S. currency?
BRADLEY: No.
TROOPER JOHNSON: You know what I mean? No money?
BRADLEY: No.
TROOPER JOHNSON: Alright. No heroin?
BRADLEY: No.
TROOPER JOHNSON: Any cocaine?
BRADLEY: No.
TROOPER JOHNSON: Okay. What model is that Gary? ... Is that a Malibu?
BRADLEY: Yeah.
(Gov. Exh. 2 at 1:55).
At the suppression hearing, Trooper Johnson testified that he "notice[d] a deviation in the way [Bradley] responded" when he asked him about the cocaine. (Doc. 30 at 30). According to Trooper Johnson, Bradley's voice dropped "to nearly a whisper ... which was different from his prior responses." (Id. at 30). As such, Trooper Johnson asked additional follow up questions:
TROOPER JOHNSON: Gary, do you have anything illegal in that car whatsoever?
BRADLEY: Yeah, I do.
TROOPER JOHNSON: What do you have in there?
BRADLEY: I have some coke.
TROOPER JOHNSON: Some coke?
BRADLEY: Yes.
TROOPER JOHNSON: Okay. Listen, listen we'll work through it. Okay? Just bear with me, okay? I've been decent with you so far, haven't I?
BRADLEY: Yeah. Its helpful man.
TROOPER JOHNSON: So, listen, I'm going to read you your Miranda rights just because you're not free to leave, alright?
BRADLEY: Ok.
[Trooper Johnson recites Miranda warnings.]
TROOPER JOHNSON: How much cocaine is in the car?
[Although the video presented at the suppression hearing reveals a period of silence following this question, Trooper Johnson testified at the suppression hearing that Bradley "whispered to me that there was a lot." (Doc. 30 at 31-32).]
*466TROOPER JOHNSON: Like a kilo or ounces?
[Silence]
TROOPER JOHNSON: Gary, I'm here for you brother.
BRADLEY: It's helpful man.
TROOPER JOHNSON: You just got sentenced, alright? Now, understand I'm here for you. Now help me out here. How much is in the car? A lot?
[Silence]
TROOPER JOHNSON: Okay. Just bear with me, alright?
[Trooper Johnson cuffs Bradley]
TROOPER JOHNSON: Where is the cocaine at in the car, Gary?
BRADLEY: In the trunk.
TROOPER JOHNSON: In the trunk? Okay.
TROOPER JOHNSON: How much coke are we talking, bud?
[Unintelligible sounds]
TROOPER JOHNSON: Huh? Like a Scarface pile?3 That big?
[Silence]
TROOPER JOHNSON: Here. Hang tight. There you go.
(Gov. Exh. 2 at 1:55-1:57).
Trooper Johnson searched the trunk of Bradley's vehicle and discovered a vacuum-sealed kilogram of cocaine. A subsequent search of Bradley's person revealed a black notebook and a bundle of Unites States currency. (Doc. 30 at 32).
On July 11, 2018, the Government filed a single-count Indictment charging Bradley with possession with intent to distribute cocaine in violation of
II. DISCUSSION
In his Motion and accompanying briefs, Bradley argues that, because Trooper Johnson subjected him to custodial interrogation without providing him Miranda warnings, his admission to having cocaine in the car prior to being Mirandized must be suppressed. Although Bradley acknowledges that he was not officially under arrest at the time he admitted to having the cocaine, he contends that his personal freedom was restrained to "the degree associated with a formal arrest." (Doc. 20 at 8 (citing California v. Beheler ,
Likewise, Bradley contends, Trooper Johnson's questioning exceeded that which was necessary to effectuate the traffic stop *467and issue a citation. Thus, Bradley reasons, Trooper Johnson's questions amounted to "interrogation" for purposes of Miranda . (Doc. 35 at 16 (citing Rhode Island v. Innis ,
Moreover, Bradley argues, his subsequent post- Miranda admissions were coerced and must be suppressed under Oregon v. Elstad ,
In response, the Government argues that the cocaine and Bradley's admissions need not be suppressed because Bradley was never "in custody" such that Trooper Johnson was obligated to provide him with Miranda warnings. In support thereof, like Bradley, the Government relies upon Berkemer . In Berkemer , a police officer pulled over Defendant Berkemer for weaving in and out of traffic. The officer ordered Berkemer out of the car, observed signs of intoxication, and told him that he would not be allowed to leave the scene. Upon further questioning by police, Berkemer admitted to having consumed drugs and alcohol. Berkemer moved to suppress the admission because the officer had not provided him with Miranda warnings. The Supreme Court rejected Berkemer's position, holding that: "The roadside questioning of a motorist detained pursuant to a routine traffic stop does not constitute 'custodial interrogation' for the purposes of the Miranda rule." Berkemer ,
Relying upon Berkemer , the Government reasons in the instant case that Bradley's traffic stop was brief, was conducted on the side of a public road, and that only two police officers were present.
*468Thus, the Government posits, just like in Berkemer , Bradley's traffic stop was non-custodial and Trooper Johnson was not obligated to Mirandize Bradley until after he was formally under arrest. Accordingly, the Government concludes, Bradley's pre- Miranda admission to having cocaine in the car need not be suppressed.
Moreover, the Government reasons, even if Bradley's pre- Miranda admissions are inadmissible, Bradley's post- Miranda admissions were voluntary and need not be suppressed. Specifically, the Government argues:
The failure of police to administer Miranda warnings does not mean that the statements received have actually been coerced, but only that courts will presume the privilege against compulsory self-incrimination has not been intelligently exercised. Absent deliberate coercion or improper tactics in obtaining an unwarned statement, a careful and thorough administration of Miranda warnings cures the condition that rendered the unwarned statement inadmissible. The warnings convey the relevant information, and thereafter the suspect's choice whether to exercise his privilege to remain silent should ordinarily be viewed as an act of free will.
Elstad ,
As a final argument, the Government proposes that, even if Bradley's statements are deemed inadmissible, the cocaine found in Bradley's car is admissible under the inevitable discovery doctrine. According to the Government, had Bradley not been arrested, and had he not otherwise consented to a search of his vehicle, Trooper Johnson had probable cause to bring in a canine unit to search the vehicle which would have inevitably resulted in Trooper Johnson finding the cocaine in Bradley's trunk. Moreover, the Government reasons, because Bradley was driving on a suspended license, Trooper Johnson was authorized to tow the vehicle and conduct an inventory search prior to impounding it, at which point the police would have inevitably discovered the cocaine. Thus, the Government concludes, even if Bradley's statements are inadmissible, the physical evidence discovered in the trunk of his car is admissible under the inevitable discovery doctrine. We disagree with all of the Government's positions.
It is well-settled that, prior to being subjected to custodial interrogation, "the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored." Miranda v. Arizona ,
A determination that a criminal suspect is "in custody" does not depend upon whether that suspect has been formally arrested, rather, a suspect is "in *469custody" if his or her freedoms have been restrained to "the degree associated with a formal arrest," California v. Beheler ,
However, "[n]ot all restraints on freedom of movement amount to custody for purposes of Miranda ." Howes v. Fields ,
Moreover, a criminal suspect is said to have been subjected to "interrogation" for Miranda purposes when law enforcement use "any words or actions ... (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response." Innis , 446 U.S. at 301,
Nonetheless, in a situation like the one sub judice where a criminal defendant makes an admission prior to being Mirandized , is then Mirandized , and then subsequently repeats or adds to the admission post- Miranda after continued police questioning, "the standard governing the admissibility of a post- Miranda -warning confession derived in part from [the pre-warning] interrogation varies on whether the [police officer's] initial failure to warn was deliberate or inadvertent." United States v. Shaird ,
If the initial failure to warn [ ] was inadvertent, [t]he relevant inquiry is whether, in fact, the second statement was also voluntarily made. As in any such inquiry, the finder of fact must examine the surrounding circumstances and the entire course of police conduct with respect to the suspect in evaluating the voluntariness of his statements. The fact that a suspect chooses to speak after being informed of his rights is, of course, highly probative.
"If [a] deliberate two-step strategy has been used, [post-warning] statements that are related to the substance of [pre-warning] statements must be excluded unless curative measures are taken before the [post-warning] statement is made." Such "[c]urative measures should be designed to ensure that a reasonable person in the suspect's situation would *470understand the import and effect of the Miranda warning and of the Miranda waiver." This may include an inquiry into whether or not the defendant was informed that his/her prior unwarned statement cannot be used as evidence, although it's not necessary to inform the suspect of that in every instance.
Naranjo ,
In determining whether the police have utilized a "deliberate two-step strategy," courts "review the totality of the objective and subjective evidence surrounding the interrogations in order to determine deliberateness." Charleston v. Gilmore ,
The Seibert plurality, which did not garner the support of Justice Kennedy's narrowing concurrence, found two additional factors convincing. First, the Seibert plurality considered "the completeness and detail of the questions and answers in the first round of interrogation." Seibert ,
"Where ... an officer deliberately undermines the effectiveness of the Miranda warning by conducting an initial unwarned interrogation, the [post-warning] confession must be excluded unless appropriate curative measures were taken before the [post-warning] confession was made." Shaird , 463 Fed.App'x at 125 (citing Naranjo ,
In the instant case, we find that, from at least the time that Corporal Hoye arrived at the scene, Bradley was inarguably subject to custodial interrogation and that Trooper Johnson clearly should have provided him with Miranda warnings. Accordingly, any admission Bradley made between Corporal Hoye's arrival and Trooper Johnson's issuance of Miranda warnings must be suppressed.
Although Bradley had not yet been formally arrested at the time Corporal Hoye arrived at the scene, he was certainly restrained to "the degree associated with a formal arrest." Beheler ,
Although we acknowledge that Trooper Johnson and Corporal Hoye did not physically threaten Bradley or use a sharp tone of voice, we are unconvinced by the Government's position that the absence of such behavior merits a finding that Bradley was not "in custody." Indeed, had the troopers physically threatened Bradley or used a sharp tone, Trooper Johnson's more subtle psychological strategy may have been compromised. "We cannot reach a conclusion simply by scrutinizing each circumstance separately, for the concept underlying the phrase 'totality of the circumstances' is that the whole is somehow distinct from the sum of the parts." Miller v. Fenton ,
We also find that Trooper Johnson was "interrogating" Bradley for purposes of Miranda. It is clear to us that Trooper Johnson used "words or actions ... (other than those normally attendant to arrest and custody) that the police should know are reasonably likely to elicit an incriminating response." Innis , 446 U.S. at 301,
To reiterate, because we find that Bradley was "in custody" and subject to "interrogation," we find that Trooper Johnson was obligated to provide Bradley with Miranda warning from at least the time that Corporal Hoye arrived on the scene. Because Trooper Johnson failed to do so until later in the interaction, we find that all statements Bradley made prior to being Mirandized must be suppressed. Elstad ,
However, this finding does not end our inquiry. Because Trooper Johnson Mirandized Bradley, after which Bradley admitted the location and quantity of cocaine in his car, we next consider the critical issue of whether Bradley's post- Miranda admission must also be suppressed. For the reasons discussed infra , we find that Trooper Johnson's initial failure to warn Bradley was deliberate. Thus, we conclude that the instant case is controlled by Seibert . As such, and because Trooper Johnson neglected to cure his failure to administer Miranda warnings, and because Bradley's post- Miranda admission was inextricably intertwined with, and derived from, his pre- Miranda admission, Bradley's post- Miranda admission must also be suppressed.
Trooper Johnson testified that he had been with the Pennsylvania State Police for almost three years at the time he pulled Bradley over. Thus, Trooper Johnson was neither a "rookie" nor did he testify that his failure to warn Bradley was accidental. See Naranjo ,
We are unpersuaded by the Government's contention that the length of Trooper Johnson's questioning resolves whether Trooper Johnson's failure to give Miranda warnings was deliberate. Although the length of the interrogation is a consideration in determining whether a failure to warn is deliberate, it is not dispositive. Compare Young ,
The record also reveals that Trooper Johnson relied upon Bradley's pre-warning statements to obtain the post-warning statements. See Seibert ,
Finally, the fact that Trooper Johnson asked his questions systematically, exhaustively, and with psychological skill suggests that his failure to provide Bradley with Miranda warnings was indeed deliberate. Trooper Johnson leveled the tone of his voice and carefully evaluated each of Bradley's answers to his exhaustive list of potential contraband. Noticing a slight change in Bradley's voice, Trooper Johnson pounced and asked a sequence of follow-up questions. In turn, Trooper Johnson's "unwarned interrogation left 'little, if anything, of incriminating potential left unsaid,' making it 'unnatural' not to 'repeat at the second stage what had been said before.' " Bobby v. Dixon ,
Because we so find, we next evaluate whether Trooper Johnson provided appropriate "curative measures ... designed to ensure that a reasonable person in the suspect's situation would understand the import and effect of the Miranda warning and of the Miranda waiver." Seibert ,
Alternatively, even were we disinclined to conclude that Trooper Johnson's failure to Mirandize Bradley was deliberate, we find that Bradley's post- Miranda admission was coerced and must be suppressed under Elstad notwithstanding Trooper Johnson's technical administration of Miranda warnings. According to Bradley, his "removal ... from his own vehicle to that of the vehicle of Trooper Johnson, the arrival of another trooper, the absence of any other persons at the scene on [his] behalf ..., the fact [that he] was not visible to the fast-moving highway traffic on *475the dark, early morning of the traffic stop, and the continual questioning about his criminal past and the failure to accept his responses, all brought [him] to the point where this Court could conclude that his 'will was overborne.' " (Doc. 35 at 19 (citing Chavez v. Martinez ,
Courts examine the totality of the circumstances when evaluating the voluntariness of a statement. Schneckloth v. Bustamonte ,
In the instant case, at the time of his post- Miranda admission, Bradley was confined to a police car and was flanked by armed state troopers. Bradley was driving a rental car, in the middle of the night, and was pulled over on the side of a busy highway. As aforestated, cars were whizzing by at 65 miles-per-hour. Trooper Johnson's emergency lights were flashing, it was cold outside, and Bradley was wearing only slippers. For Bradley, these factors could only have created an unhospitable, *476highly stressful, and confusing emotional experience. Capitalizing on this, Trooper Johnson exhibited an overly-friendly demeanor designed to set Bradley at ease, see Miller ,
We acknowledge that the simple fact that Trooper Johnson deliberately set up Bradley to make an incriminating statement prior to being Mirandized and then manipulated him into repeating that admission after warning him is insufficient, in and of itself, to warrant a finding that Bradley's post- Miranda admission was involuntary. See Elstad ,
In closing, we note that, because Bradley's pre- Miranda and post- Miranda admissions must both be suppressed, the physical evidence derived as a result of those statements must also be suppressed. Wong Sun v. United States ,
Trooper Johnson's bald assertions that he had probable cause to conduct a canine search which would have in turn revealed the cocaine and that he would have towed Bradley's car and conducted an inventory search which would have revealed the cocaine are insufficient to carry the Government's burden to show that "the evidence at issue would have been acquired through lawful means." See
The Government's contention that the inventory search would have inevitably revealed the cocaine suffers from the same defect. At the suppression hearing, Trooper Johnson noted only that, because Bradley was driving on a suspended license, he would not have let him drive away. (Doc. 30 at 28). Then, Trooper Johnson posited that Bradley's vehicle would have been towed and "[d]ue to our policy we would have conducted an inventory of the vehicle as well as contacted the individual that was on the rental agreement." (Doc. 30 at 28). According to Trooper Johnson, that search "would have involved a check of the vehicle to ensure that there were no valuables, to remove them and/or document them. If we had to remove some of them from the vehicle they would be logged into our evidence room, and that would be with our policy and our conversation with the operator of the vehicle." (Id. ). Despite Trooper Johnson's assertions as to the policies underlying the inventory search, Trooper Johnson did not aver that protocol mandated that he tow and inventory Bradley's vehicle as a result of his suspended license. See United States v. Humphries ,
Because we shall suppress Bradley's admissions as well as the evidence discovered therefrom and because we reject the Government's alternative bases to admit the cocaine, we do not address Bradley's alternative arguments for suppression.
III. CONCLUSION
In accordance with the foregoing, Defendant Gary Bradley's motion to suppress shall be granted.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. Defendants' Motion to Suppress, (Doc. 19), is GRANTED .
The Government offers the video and audio recording captured by Trooper Johnson's dash cam as Government Exhibit 2. Defendant offers the same video as Defense Exhibit 102. Because the Defense version of the video cuts off earlier than the Government's video, we use the time-stamps provided in the Government's version. All time-stamp citations to statements quoted in this memorandum are approximate within one minute.
At the suppression hearing, Trooper Johnson noted that, "[u]pon reviewing his driver's history at a later date I did observe an additional citation for driving under suspension in 2017." (Doc. 30 at 25).
Trooper Johnson was evidently referencing the 1983 American crime film Scarface .
Bradley also argues that Trooper Johnson prolonged his detention beyond that which is allowable during a routine traffic stop without reasonable suspicion and that, the evidence obtained because of that unconstitutionally elongated detention, including the cocaine and any admission in connection therewith, must be suppressed. Moreover, Bradley contends that, because Trooper Johnson did not provide Miranda warnings prior to his admission that there was cocaine in the vehicle, that confession could not amount to probable cause to search the vehicle. Thus, because Trooper Johnson neither received Bradley's consent to search the vehicle nor obtained a search warrant to do so, Trooper Johnson's warrantless search was unconstitutional, and the evidence obtained therefrom must be suppressed.
Reference
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- United States v. Gary BRADLEY
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