United States v. Sanders
United States v. Sanders
Opinion of the Court
OPINION AND ORDER
Defendant Jacorey Sanders has been indicted for one count of knowingly and intentionally possessing -a firearm in violation of 18 U.S.C. § 922(g)(1). (Indictment ¶ 1, ECF No. 8.) The Defendant moves to suppress two handguns seized from his coat pocket during the traffic stop that preceded his arrest. (Def.’s Mot. to Suppress, ECF No. 20.) For the reasons set forth herein, the motion is DENIED.
I. Background
On April 30, 2016, at approximately 11:50 p.m., Rhode Island State Police Troopers Conor O’Donnell and Tyler Den-niston were traveling south on Interstate 95 when their police cruiser pulled up parallel to a brown Nissan Murano. (Hr’g Tr. 5:1-6:19.) The troopers noticed that the front-seat passenger was not wearing a seatbelt, so they pulled behind the vehicle and activated their overhead lights. (Id. at 6:18-23.) As the vehicle began to slow down, both troopers noticed that the backseat passenger (the Defendant) abruptly moved from the rear-passenger seat to the réar-middle seat of the vehicle. (Id. at 7:3-5.) The vehicle traveled in the breakdown lane for approximately fifty yards before coming to a complete stop. (Id. at 7:19-24.)
Trooper O’Donnell approached the vehicle and began discussing the traffic infraction with the vehicle’s occupants; he observed that the driver appeared “very nervous” and held the steering wheel very tightly throughout the conversation. (Id. at 9:2-4, 10:14-19.) Trooper O’Donnell also noticed the “very strong” odor of both recently burnt and fresh marijuana coming from the vehicle. (Id. at 11:10-12,
Both troopers returned to the police cruiser to conduct standard law enforcement checks on the occupants; these included checking the validity of the produced licenses and checking for any possible outstanding warrants. (Id. at 16:23-25.) Trooper O’Donnell testified that it took him approximately five to ten seconds to input the information for this check, and that the results came back “almost instantaneously].” (Id. at 17:7-8, 18-19.) There were no outstanding warrants for any of the occupants, and the driver had a valid license. (Id. at 18:17-19:1.) The troopers then ran a criminal background check through the BCI/III program, which also took approximately five to ten seconds per person to input the information. (Id. at 17:20-18:3.) The results, which also came back “almost instant[ly],” indicated that all three occupants had significant criminal histories, and that Defendant’s history in particular included violent crimes. (Id. at 18:12-14, 19:2-22.) Based on the results of the criminal background check and the behavior of the occupants during the stop, the troopers decided to call other troopers to assist at the scene. (Id. at 23:23-24.) At this point,, the troopers had not issued a traffic citation or indicated to the occupants whether there would be a citation at all. (See id. at 23:16-18.) Trooper O’Donnell testified that both types of inquiries, for all three individuals, took approximately five to ten minutes total. (Id. at 99:5-6.)
Trooper O’Donnell and Trooper Denni-ston then approached the vehicle and Trooper Denniston asked the driver to exit while Trooper O’Donnell stood at the rear driver side door’s bumper. (Id. at 25:6-11.) When the driver opened his door, Trooper O’Donnell saw a “large clear plastic baggie containing a greenish brown leafy substance, which [he] believed to be marijuana, in the lower driver side door pocket.” (Id. at 25:14-17.) A Terry pat down of the. driver’s person yielded an illegal weapon; the driver was immediately taken into cus
II. Discussion
The Fourth Amendment guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures ...U.S. Const. Amend. IV. A traffic stop, even if brief and for a limited purpose, constitutes a “seizure” under this provision.
During a lawful traffic stop, the law enforcement officer may order the driver and the occupants out of the vehicle. United States v. McGregor, 650 F.3d 813, 820 (1st Cir. 2011) (citing Maryland v. Wilson, 519 U.S. 408, 410, 414-15, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997)). The officer may conduct a Terry frisk of the driver’s person or the other occupants for weapons “if he has some articulable, reasonable suspicion that the persons stopped may be dangerous.” Id In addition, the officer may “search the car’s interior—including closed compartments—for weapons that they could quickly lay their hands on.” Id., (citing Michigan v. Long, 463 U.S. 1032, 1037, 1049-50, 103 S.Ct. 3469, 77 L.Ed.2d 1201 (1983)).
Moreover, the First Circuit has held that “when a law enforcement officer detects the odor of marijuana emanating from a confined area, such as the passen
Finally, if the driver of the vehicle is arrested during the stop, the officers may conduct a search of the vehicle incident to a lawful arrest. Id. However, a search incident to a lawful arrest for weapons may only extend to places within the grab area of the suspect while the suspect is unsecured, or for evidence of the crime of arrest if there is a “reasonable basis to believe the vehicle contains relevant evidence.” Arizona v. Gant, 556 U.S. 332, 343, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009).
In this motion
The Government argues that the BCI/ III criminal background checks did not require additional justification in terms of relatedness to the traffic stop, or additional reasonable suspicion, because they are “safety measures” that have been “repeatedly recognized and validated [by the courts] given the inherent dangers of a traffic stop.” (Gov’t Resp. in Opp’n 1-2, 10, ECF No. 24.) Moreover, even if the criminal background check required additional justification, the Government argues that there was sufficient evidence, considering the totality of the circumstances, which gave rise to reasonable suspicion for extending the traffic stop. (Id. at 3.) The Court will address each of the Defendant’s arguments in turn.
A. Criminal Background Checks
The first issue is whether the BCI/III criminal background check was reasonably related to the mission of the traffic stop or whether it required some additional justification. When determining the permissible duration of a traffic stop under the Fourth Amendment, courts must consider the “mission” of the traffic stop as well as an officer’s need to “attend to related safety concerns.” Rodriguez v. United States, — U.S. —, 135 S.Ct. 1609, 1614, 191 L.Ed.2d 492 (2015) (quoting Illinois v. Caballes, 543 U.S. 405, 407, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005)). A
Even prior to Rodriguez, courts have recognized the distinction between a criminal background check performed as part of a “routine computer check,” and a background check performed after the officer addressed the objective of the traffic stop. See United States v. Boyce, 351 F.3d 1102, 1106, 1107 (11th Cir. 2003) (stating that “out of interest for the officer’s safety ... officers may permissibly prolong a detention while waiting for the results of a criminal history check that is part of the officer’s routine traffic investigation”).
While the First Circuit has not confronted this particular issue, most courts that have addressed the question have held that police officers are permitted to conduct criminal background checks in the interest of officer safety without demonstrating additional justification under the Fourth Amendment. See, e.g., United States v. Purcell, 236 F.3d 1274, 1278 (11th Cir. 2001) (“The request for criminal histories as part of a routine computer check is justified for officer safety”)
While Evans clearly puts some limits on how far officers may go. in conducting background cheeks, those limits are dependent on the context of the stop. In Evans, the purpose of the stop was completed before the check; here, by contrast, the stop had just commenced. Both troopers testified that each BCI/III check took approximately ten to fifteen seconds ’ total because the results of the background checks came back almost instantaneously. (Hr’g Tr. 18:1—3, 9-14, 110:13-15.) Consistent with the holdings noted, above, this Court finds that the criminal background checks performed by Trooper O’Donnell during the traffic stop on April 30, 2016 did not extend .the detention beyond the time needed to address the reason for the stop; moreover, the checks were done in the interest of officer safety. Therefore, the checks did not unreasonably extend the duration of the stop and required no additional justification; they were permissible under the Fourth Amendment. See Rodriguez, 135 S.Ct. at 1616.
B. Reasonable Suspicion to Continue the Investigation
This Court’s conclusion that the criminal background checks performed by the troopers did not unreasonably extend the traffic stop effectively ends the Defendant’s challenge to the stop. Based on the information received from the background check, the troopers were justified in ordering the driver out of the vehicle, whereupon Trooper O’Donnell saw the marijuana in the driver’s door side pocket. A Terry pat down of the driver yielded the knife. The marijuana in plain view led to the lawful search of the interior of the vehicle, where drugs were found in the passenger door’s side pocket, and the subject firearms were found in thé Defendant’s jacket. Given this, no additional totality of the circumstances determination of reasonable suspicion is required. Nevertheless, even if it were, the search would be permissible.
The Defendant specifically urges this Court to hold that courts should not consider the odor of marijuana in the reasonable suspicion analysis because the State of Rhode Island has decriminalized the possession of marijuana of one ounce or less." See R.I. Gen. Laws § 21-28-4.01(c)(2)(iii). And without this, the Defendant suggests, the circumstances do not create reasonable suspicion, This Court disagrees, and finds that, under the totality of the circumstances, the troopers 'did have reasonable suspicion in this situation.
The basic principles are as follows: law enforcement officers, when conducting a lawful traffic' stop, may extend the duration of the detention for reasons other than those related to the mission of the traffic stop where the basis for the extension is supported by an officer’s reasonable suspicion of ongoing criminal activity. See Chhien, 266 F.3d at 6. This determination' by the officer is one that “demands a margin of flexibility” and can include the facts giving rise to the stop and everything the officer observed as the stop progresses. Id. “[Wjhile an officer’s actions must bear some relation to the purpose of the original stop, he may shift
Reasonable suspicion is present when, considering the totality of the circumstances, “there [is] both a particularized and an objective basis for suspecting the individual stopped of criminal activity.” United States v. Dapolito, 713 F.3d 141, 148 (1st Cir. 2013). Particularity requires an officer’s determination to be supported by “specific and articulable facts.” Id. Objectivity requires a court’s ad hoc analysis of the situation to be viewed “through the lens of a reasonable police officer.” Id. Among the numerous factors that law enforcement officers may. evaluate during an encounter, an important one is the presence of furtive or nervous behavior by the suspect during the lawful detention. See, e.g., Illinois v. Wardlow, 528 U.S. 119, 124, 120 S.Ct. 673, 145 L.Ed.2d 570 (2000); Jenkins, 680 F.3d at 105, 106. Another factor is the smell of marijuana. Staula, 80 F.3d at 602 (“[W]hen a law enforcement officer detects the odor of marijuana emanating from a confined area, such as the passenger compartment of á motor vehicle, that olfactory evidence furnishes the officer with probable cause to conduct a search of the confined area.”).
The State of Rhode Island has recently passed legislation to “decriminalize” marijuana, changing the penalty from a criminal penalty to a civil infraction for possession of a less than one ounce. R.I. Gen. Laws § 21—28—4.01(c)(2)(iii). Based on this change, the Defendant argues that law enforcement officers should be precluded from considering the smell of marijuana when determining if reasonable suspicion exists. (Def.’s Mot. to Suppress 16-17.) The Defendant cites to a case from the Supreme Judicial Court of Massachusetts for support. (Id. at 19-20.)
After reviewing the totality of the circumstances surrounding the traffic stop on April 30, 2016, the troopers had reasonable suspicion to believe criminal activity was ongoing from the first moments of the traffic stop: furtive behavior when the Defendant moved from one seat to another while the car was still in motion; the driver “firmly clenching the steering wheel” and acting “overly nervous” for a mere traffic stop; the odor of marijuana coming from the vehicle; the admission that they had smoked marijuana that evening; a small marijuana cigarette in plain view in the vehicle’s ashtray; the Defendant’s unusual behavior, feigning disinterest and fiddling with a GPS application on his cell phone; and the Defendant not wearing his jacket on a cool night. These
III. Conclusion
For all of the reasons described above, the Defendant’s Motion to Suppress (ECF No. 20) is DENIED.
IT IS SO ORDERED.
. Trooper O’Donnell testified that he was wearing a long-sleeve Under Armor shirt under his uniform, and the other occupants of the vehicle were also wearing warmer clothing that night. (Hr’g Tr. 15:12-16.)
. Trooper O’Donnell testified that the “three occupants in the car displayed signs of over-nervousness that you wouldn’t see for just a simple traffic violation, and it made [him] wonder what was going on within the interior of the car, whether there was further contraband that they didn’t want to be found, narcotics or guns, drugs, weapons, whatever it maybe.” (Hr'gTr. 16:11-20.)
. Standing to challenge the search is satisfied, as the Defendant was a passenger in the vehicle. See Brendlin v. California, 551 U.S. 249, 251, 127 S.Ct. 2400, 168 L.Ed.2d 132 (2007) (holding “Aat a passenger is seized as well [as Ae driver] and so may challenge Ae constitutionality of Ae stop”).
. The Government bears the burden of proving a warrantless search or seizure was "reasonable” under the Fourth Amendment. See United States v. Arias, 588 F.Supp.2d 237, 239 (D.R.I. 2008).
. The court went on to note that the background check is "both reasonable and minimally intrusive. Indeed, in most cases, the occupants of the car will not even know what information has been requested as part of the computer check.” United States v. Purcell, 236 F.3d 1274, 1278 (11th Cir. 2001).
. The court commented that "the motorist may be detained for a short period while the officer runs a background check to see if there are any outstanding warrants or criminal history pertaining to the motorist even though the purpose of the stop had nothing to do with such prior criminal history.” United States v. Holt, 264 F.3d 1215, 1221 (10th Cir. 2001) (emphasis added). The court also noted that "[b]y determining whether a detained motorist has a criminal record or outstanding warrants, an officer will be better apprized of whether the detained motorist might engage in violent activity during the stop.” Id. at 1221-22.
. Commonwealth v. Cruz, 459 Mass. 459, 945 N.E.2d 899, 910 (2011) C'[T]he odor of burnt marijuana alone cannot reasonably provide suspicion of criminal activity to justify an exit order.”).
Reference
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- United States v. Jacorey SANDERS
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